Oudry-Davis v. Findley
Superior Court of Pennsylvania
Appeal, No. 90, April T., 1916, by defendant, from judgment of C. P. Allegheny Co., Oct. T., 1914, No. 190, on verdict for plaintiff in case of E. B. Oudry-Davis v. John T. Findley. Trespass to recover one-half of a sum of money alleged to have been wrongfully paid out by the defendant as agent of the plaintiff’s deceased mother. Before .Carpenter, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 90, April T., 1916, by defendant, from judgment of C. P. Allegheny Co., Oct. T., 1914, No. 190, on verdict for plaintiff in case of E. B. Oudry-Davis v. John T. Findley. Trespass to recover one-half of a sum of money alleged to have been wrongfully paid out by the defendant as agent of the plaintiff’s deceased mother. Before .Carpenter, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $586.13. Defendant appealed. Error assigned, among others, was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Trexler, J.,
Catherine Oudry died May 6, 1913, leaving to survive her two daughters. The defendant, Findley, the husband of one of the daughters had charge of the decedent’s affairs during the latter years of her life. After her death, he rendered an account showing his receipts and disbursements including items before and since the death. • One of the credits claimed was for commissions paid to a real estate agent for securing a tenant for property of decedent, the transaction occurring before the death. He also claimed a percentage on the- rents collected since the death. These two…
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