Legal Opinion

Estate of McClain

Supreme Court of Pennsylvania

Decided March 1, 1897No. Appeal, No. 317PublishedCited by 11 opinions

Appeal, No. 317, Jan. T., 1896, by Jennie G. McClain et ah, from decree of O. C. Phila. Co., dismissing exceptions to adjudication. Exceptions to adjudication. The auditing judge, Penrose, J., awarded to the Commercial National Bank of Pennsylvania the amount of a judgment against the accountants of December term, 1891, No. 89, in common pleas, No. 1. of Philadelphia county, $9,104.51, with interest.

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Appeal, No. 317, Jan. T., 1896, by Jennie G. McClain et ah, from decree of O. C. Phila. Co., dismissing exceptions to adjudication. Exceptions to adjudication. The auditing judge, Penrose, J., awarded to the Commercial National Bank of Pennsylvania the amount of a judgment against the accountants of December term, 1891, No. 89, in common pleas, No. 1. of Philadelphia county, $9,104.51, with interest. Counsel for the accountants, alleging that the decedent was surety only, and that Nelson Bros. & Co. were the principal debtors in the transaction out of which the judgment obtained as above by…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

This appeal is from a decree of distribution made by the orphans’ court of Philadelphia. The fund was raised by the settlement of an account by the executors, the appellants. Among the claimants upon the fund was the Commercial National Bank of Philadelphia, the appellee. Its claim was upon a judgment m its favor and against the estate of the decedent, regularly entered in the court of common pleas No. 1, upon a verdict rendered by the jury 'after a trial had in due form. The payment of this judgment was resisted, not by reason of anything happening since the…

2Cases cited5 opinions

  1. City of Philadelphia v. Heirs of GirardSupreme Court of Pennsylvania · 1863
  2. Hibert v. LangSupreme Court of Pennsylvania · 1895
  3. Myers v. Kingston Coal Co.Supreme Court of Pennsylvania · 1889
  4. Casebeer v. MowrySupreme Court of Pennsylvania · 1867
  5. Hamilton v. SeitzSupreme Court of Pennsylvania · 1855

3Cited by11 opinions

  1. Tourison's EstateSupreme Court of Pennsylvania · 1936
  2. Myers v. CrickSupreme Court of Pennsylvania · 1921
  3. Commonwealth v. Easton Trust Co.Supreme Court of Pennsylvania · 1943
  4. Moxham & Ferndale Bridge Co. v. Cambria CountySupreme Court of Pennsylvania · 1921
  5. Schauble EstateSupreme Court of Pennsylvania · 1944

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