Hess's Estate
Supreme Court of Pennsylvania
May 5th 1871. Before Thompson, C. J., Agnew and Sharswood, JJ. Appeal from the Court of Common Pleas of Lancaster county: Of May Term 1871, No. 77. In the distribution of the assigned estate of Samuel Hess. On the 27th of February 1869, Samuel Hess made an assignment for the benefit of creditors to Robert A. Evans and George K. Reed.
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May 5th 1871. Before Thompson, C. J., Agnew and Sharswood, JJ. Appeal from the Court of Common Pleas of Lancaster county: Of May Term 1871, No. 77. In the distribution of the assigned estate of Samuel Hess. On the 27th of February 1869, Samuel Hess made an assignment for the benefit of creditors to Robert A. Evans and George K. Reed. At the time of the assignment, and up to the settlement of their account, Mr. Evans was a member of the banking firm of Evans, McEvoy & Co., and Mr. Reed a member of the banking firm of Reed, McGrann & Co. They filed their account, May 17th 1870; it showed a…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
The exception by Robert A. Evans to the report of the auditors, charging him with interest, was rightly dismissed. He had mixed the trust-moneys of the assigned estate in his hands with his own, depositing them in his own name with the banking-house of Evans, McEvoy & Co., of which he was a member, and upon this deposit he admitted that he received interest, though at what rate he declined to say. All the authorities agree that in such a case the trustee is chargeable with interest: Verner’s Estate, 6 Watts 251; Dyott’s Appeal, 2 W. & S.…
2Cases cited2 opinions
- In re the Estate of DyottSupreme Court of Pennsylvania · 1841
- Verner's EstateSupreme Court of Pennsylvania · 1837
3Cited by2 opinions
- Estate of DickSupreme Court of Pennsylvania · 1898
- Kerr's EstateSuperior Court of Pennsylvania · 1908