McClintock's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Allegheny county. This was an appeal by Washington McClintock from the decree of the Orphans’ Court, overruling the report of an auditor appointed to distribute among the creditors of John N. Martin, deceased, the amount in the hands of his administrator. Martin died on the 22d July, 1853, indebted to McClintock in the sum of over $2000, for money collected by Martin for McClintock from Rawle & Lipscomb.
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Appeal from the Orphans’ Court of Allegheny county. This was an appeal by Washington McClintock from the decree of the Orphans’ Court, overruling the report of an auditor appointed to distribute among the creditors of John N. Martin, deceased, the amount in the hands of his administrator. Martin died on the 22d July, 1853, indebted to McClintock in the sum of over $2000, for money collected by Martin for McClintock from Rawle & Lipscomb. The estate of Martin was insolvent, and the auditor’s report showed a dividend of 25T^nj per centum. At th'e hearing before the auditor on the 2d day of…
1Opinion of the Court
The opinion of the court was delivered by
Black, J.
This appeal brings up for review the distribution of John N. Martin’s estate among his creditors. This appellant had a book account, to which the court below refused a dividend, apparently on the ground that it was barred by the statute of limitations. The counsel for the other creditors have admitted here that the debt was not barred at the time of Martin’s death; but insist that the time which elapsed after his death, and before distribution, should be counted in, to make up the six years.
The right which a creditor has to his just proportion…
2Cited by8 opinions
- McCormick v. Puritan Coal Mining Co.Court of Appeals for the Third Circuit · 1928
- Estate of LightPennsylvania Orphans' Court, Lebanon County · 1890
- International Shoe Co. v. Picard & Geismar, Ltd.District Court, E.D. Louisiana · 1939
- Appeal of ChapmanSupreme Court of Pennsylvania · 1888
- Alexander v. Fidelity Trust Co.District Court, E.D. Pennsylvania · 1915
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