Brown v. McFarland's
Supreme Court of Pennsylvania
Error to the Common Pleas of Armstrong county. This was an action of account render, brought August 20th 1856, by Thomas McConnell, executor of George B. McFarland, deceased, against James E. Brown and Alexander Caldwell. Judgment quod comyutent was confessed in the cause, and auditors appointed, whose report was confirmed and judgment entered in favour of the plaintiff for $>2402.93f, with interest and costs of suit.
Read the full summary
Error to the Common Pleas of Armstrong county. This was an action of account render, brought August 20th 1856, by Thomas McConnell, executor of George B. McFarland, deceased, against James E. Brown and Alexander Caldwell. Judgment quod comyutent was confessed in the cause, and auditors appointed, whose report was confirmed and judgment entered in favour of the plaintiff for $>2402.93f, with interest and costs of suit. The case was this: — George B. McFarland died in the summer of 1851, first having made a will, in which Thomas McConnell was executor. At the time of his death he was, and had…
1Opinion of the Court
The opinion of the court was delivered,
by Woodward, J.
As surviving partners, Brown & Caldwell would have been entitled, after McFarland’s death, to work up the stock on hand at the Phoenix Furnace, and to close the business of the partnership; but, for this service, would have had no right to charge the estate of their deceased partner with anything more than their necessary outlay of expenses. As compensation for their personal services they were not entitled to charge: Beatty v. Wray, 7 Harris 518. Nor does the will of McFarland and the agreement of his executor, made in pursuance thereof,…
2Cited by6 opinions
- Senneff v. HealySupreme Court of Iowa · 1912
- Eisenlohr's Estate (No. 1)Supreme Court of Pennsylvania · 1917
- Leary v. KelleySupreme Court of Pennsylvania · 1923
- McCullough v. Barr, Pennsylvania Court of Common Pleas, Clarion County1891
- Lindsey v. StranahanSupreme Court of Pennsylvania · 1889
1 more not listed; retrieve them via the Exa API.