Appeal of Royer
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Blair. May 28. In September, 1830, James M’Namara entered into partnership with his brother-in-law, John Thompson, Jr., of Blairsville, in the business of merchandising, tinder the name of Jno. Thompson, Jr., & Co., to continue for the period of five years.
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Appeal from the decree of the Orphans’ Court of Blair. May 28. In September, 1830, James M’Namara entered into partnership with his brother-in-law, John Thompson, Jr., of Blairsville, in the business of merchandising, tinder the name of Jno. Thompson, Jr., & Co., to continue for the period of five years. On. 14th July, 1832, he made his will, which was proved 27th same month, whereby he authorized his executors to continue said partnership during the unexpired period, and for a still longer time should they deem it advisable. Shortly afterwards, John Stewart was appointed guardian of the four…
1Opinion of the Court
The opinion of this court was delivered by
Coulter, J.
To go no further back in the facts of the case than the investment of the funds of his wards by himself and partners in the transportation company — an enterprise of doubtful and equivocal safety — we find sufficient ground to impute culpable negligence and indifference to the guardian. Soon after this investment, which proved unfortunate, Royer, the guardian, sold to Thompson, one of his partners in the store and transportation company, his interest and that of his wards, for $5,111.57. Eor this sum and the amount of a note for $370, money…
2Cited by3 opinions
- Komara's EstatesSupreme Court of Pennsylvania · 1933
- Yost's EstateSupreme Court of Pennsylvania · 1934
- Wilmore Coal Co. v. HolsoppleSupreme Court of Pennsylvania · 1916