Clark's Admrs. v. Zell's Admrs.
Supreme Court of Pennsylvania
FROM THE DECREE OE THE COURT OF COMMON PLEAS OE BERKS COUNTY. No. 304 January Term 1888, Sup. Ct.; court below, No. 351 Equity D. 1884, C. P. On September 6, 1884, James B. Clark, administrator d. b. n. c. t. a. of John W. Clark, deceased, filed a bill in equity against Thomas Zell, charging that the defendant, as surviving partner of the firm of Clark & Zell, had received certain moneys of the said firm, praying for an account, etc.
Read the full summary
FROM THE DECREE OE THE COURT OF COMMON PLEAS OE BERKS COUNTY. No. 304 January Term 1888, Sup. Ct.; court below, No. 351 Equity D. 1884, C. P. On September 6, 1884, James B. Clark, administrator d. b. n. c. t. a. of John W. Clark, deceased, filed a bill in equity against Thomas Zell, charging that the defendant, as surviving partner of the firm of Clark & Zell, had received certain moneys of the said firm, praying for an account, etc. The defendant having filed an answer, issue was joined, and the cause was referred to Mr. Henry A. Muhlenberg, as examiner and master. On April 23, 1885, the…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
In 1855 Clark & Zell, who were partners in the lumber business, purchased an interest in cei'tain tracts of land in Centre and Clearfield counties. The legal title was held by a trustee, who in 1859 sold the land, filed his account, and after much delay and litigation, paid Clark & Zell’s share to Clark who was the liquidating partner of the firm, then dissolved.
About 1878, Zell and the heirs of Clark, who was then dead, alleging that the sale by the trustee was fraudulent, began various proceedings by ejectment and bills in equity to recover the land. As a…
2Cited by5 opinions
- Eisenlohr's Estate (No. 1)Supreme Court of Pennsylvania · 1917
- Estate of OliverSupreme Court of Pennsylvania · 1890
- Leary v. KelleySupreme Court of Pennsylvania · 1923
- Ruggles v. BuckleyCourt of Appeals for the Sixth Circuit · 1910
- Mamaux's EstateSupreme Court of Pennsylvania · 1922