Shipe's Appeal
Supreme Court of Pennsylvania
Appeal of Enos Shipe, administrator of David Shipe, deceased, from the decree of the Orphans’ Court of Nortimmberland county: confirming the Auditor’s report, making distribm tion of the funds in the hands of the administrator, as shown by his partial account of July Term, 1885, No. 59. The following are the facts of the case as they appeared before C. G. Voais, Esq., Auditor: About the first day of January, 1876, David Shipe and Enos Shipe formed a copartnership to buy and…
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Appeal of Enos Shipe, administrator of David Shipe, deceased, from the decree of the Orphans’ Court of Nortimmberland county: confirming the Auditor’s report, making distribm tion of the funds in the hands of the administrator, as shown by his partial account of July Term, 1885, No. 59. The following are the facts of the case as they appeared before C. G. Voais, Esq., Auditor: About the first day of January, 1876, David Shipe and Enos Shipe formed a copartnership to buy and sell merchandise under the firm name of E. Shipe & Co., and continued to do business up to October 29, 1881, when the…
1Opinion of the CourtJustice Gordon
It was, perhaps, a mistake to appoint the appellant, Enos Shipe, surviving member of the firm of E. Shipe & Co., administrator of the estate of his deceased partner, David Shipe, for the double position which he thus occupies as representative of the estate, and also of the partnership, may lead to some serious complications. But as the matter now stands, we must treat the case precisely as we would were the persons, as well as the trusts, different. Death, as we know, dissolves a partnership, unless in the life of the decedent provision was made for its continuance. But when, for any reason,…
2Cases cited1 opinion
- Bomier v. CaldwellMichigan Court of Chancery · 1839
3Cited by9 opinions
- Froess v. FroessSupreme Court of Pennsylvania · 1925
- City of Wilkes-Barre v. GarabedSuperior Court of Pennsylvania · 1899
- Wilson v. MeyerUtah Supreme Court · 1901
- Moffett v. PeirceSupreme Court of Pennsylvania · 1941
- Kutz v. DreibelbisSupreme Court of Pennsylvania · 1889
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