Appeal of Brown
Supreme Court of Pennsylvania
THIS was an appeal from the Orphan's Court of Philadelphia county on the following case. Brown, having received £400. on account of the estate of his Testator Edgar, paid it over (according to his uniform practice upon such occasions) to his Co-executor Dogherty. In Brown's books this money was charged, generally, as so much cash paid to Dogherty; but, in Dogherty’s books, credit was given for it on account of the estate of Edgar.
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THIS was an appeal from the Orphan's Court of Philadelphia county on the following case. Brown, having received £400. on account of the estate of his Testator Edgar, paid it over (according to his uniform practice upon such occasions) to his Co-executor Dogherty. In Brown's books this money was charged, generally, as so much cash paid to Dogherty; but, in Dogherty’s books, credit was given for it on account of the estate of Edgar. Dogherty became insolvent; and upon a settlement of Brown's administration, the Orphan's Court refused to allow him the £400. thus paid over to his Co-executor; but…
1Opinion of the Court
The Chief Justice, having stated the points that were made in the cause, now delivered the opinion of the Court.
M'Kean, Chief Justice.
From the evidence we must determine, on the first point, that the money was a payment to the estate of Edgar. It was Brown’s constant practice to transfer all his receipts *312to Dogherty; and this sum of £400. is credited to him in the accounts of the estate kept by the latter.
With respect to the second and third points, it must be observed, that the Courts of Chancery make it a general rule, that he who receives money should be answerable for it; and, therefore,…
2Cited by5 opinions
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