Deroy's Estate

Opinion by

Mr. Justice Schaffer,

If we regard only the form which the transaction took, out of which this controversy arises, we might be involved in a maze of legal difficulties, but if our judgment is based on its actualities and purpose, the complexities vanish.

Abe I. DeRoy, whose estate is being distributed, in his lifetime was a member of the copartnership of S. H. DeRoy & Co. Israel DeRoy, also a member of the firm, was the maker of notes to the order of the firm and endorsed by it for the aggregate sum of $59,400, on which there is now due $28,504.87. In addition to the firm’s…