Legal Opinion

Penn Bank's Estate

Supreme Court of Pennsylvania

Decided November 11, 1892No. Appeal, No. 330PublishedCited by 7 opinions

Appeal, No. 330, Oct. T., 1891, by Jacob H. Walters, a creditor, from decree of C. P. 1 Allegheny Co., Sept. T., 1884, No. 23, confirming auditor’s report distributing funds of assigned estate of Penn Bank. Claim by depositor for alleged balance. The facts as they appeared before Thomas D. Carnahan, auditor to distribute the assigned estate of the Penn Bank, are stated in the opinion of the Supreme Court.

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Appeal, No. 330, Oct. T., 1891, by Jacob H. Walters, a creditor, from decree of C. P. 1 Allegheny Co., Sept. T., 1884, No. 23, confirming auditor’s report distributing funds of assigned estate of Penn Bank. Claim by depositor for alleged balance. The facts as they appeared before Thomas D. Carnahan, auditor to distribute the assigned estate of the Penn Bank, are stated in the opinion of the Supreme Court. Errors assigned, inter alia, were (1) affirmance of master’s rejection of appellants claim; (2) refusal of decree in favor of appellant; (1-5) refusal of appellant’s exceptions to master’s…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

The account of the appellant with the Penn Bank, appears to have been written up in May, 1884, in his individual bank book, and the book returned to him. It showed a balance of over nine thousand dollars due to the bank, and, among' the items charged to him, was his check upon the bank for forty-three thousand two hundred and twenty-five dollars. About this time, the bank failed and made an assignment for the benefit of creditors. The assignee.filed an account in May, 1885.

The fund raised by him was distributed by an auditor in November of that year. In…

2Cited by7 opinions

  1. Keller v. President, Directors & Co. of Farmers BankSuperior Court of Delaware · 1942
  2. Schwenker v. TeasdaleWisconsin Supreme Court · 1931
  3. Tribulas v. Continental Equitable Title & Trust Co.Supreme Court of Pennsylvania · 1937
  4. Second National Bank v. ThompsonSuperior Court of Pennsylvania · 1910
  5. Estate of DeWolffSupreme Court of Pennsylvania · 1897

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