Assigned Estate of T. S. McKesson & Co.
Pennsylvania Court of Common Pleas, Fayette County
No. 162 July Term 1890, Sup. Ct.; court below, No. 1 December Term 1884, C. P., Ins. D. On May 5, 1889, Joshua M. Dushane, assignee for the benefit of creditors of T. C. McKesson & Co., filed his account, containing an item crediting himself with “ Loss on P. C. Brooks judgment, $277.63.” Exceptions having been filed to this credit, Mr. W. O. McKean was appointed auditor.
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No. 162 July Term 1890, Sup. Ct.; court below, No. 1 December Term 1884, C. P., Ins. D. On May 5, 1889, Joshua M. Dushane, assignee for the benefit of creditors of T. C. McKesson & Co., filed his account, containing an item crediting himself with “ Loss on P. C. Brooks judgment, $277.63.” Exceptions having been filed to this credit, Mr. W. O. McKean was appointed auditor. On February 4, 1890, the auditor filed a report finding as to this exception the facts following: The assignee of McKesson & Co. sold a small portion of the stock of said firm at retail, and the remainder of it in a lump to…
1Opinion of the Court
Per Curiam :
The appellant, who is an assignee for creditors, complains that the court below surcharged him with $277.63, “loss on the P. C. Brooks judgment.” We think the surcharge was proper.
The appellant sold a stock of store goods, belonging to the assigned estate, to Brooks, for the sum of $576, taking therefor three judgment notes, without security. The auditor finds that Brooks owned three lots in Connellsville for which he paid $600. It does not appear that he owned any other property. Brooks became insolvent, and the assignee sold the said real estate at sheriff’s sale for the sum of…
2Cases cited1 opinion
- Swoyer's AppealSupreme Court of Pennsylvania · 1847
3Cited by1 opinion
- Haller's CaseSuperior Court of Pennsylvania · 1910