Konigmacher v. Kimmel
Supreme Court of Pennsylvania
This was an appeal from the. decree of the Grcuit Court, confirming the decree of the Orphans’ Court, of Lancaster county,' in the matter of the guardianship account of Benjamin Konigmdcher, the appellant, as guardian of Jacob Kinimel, the appellee, charging the guardian with the amount of a bond given by John Weidman, to the guardian, on account of money due the' ward, and ‘which was lost by the insolvency of Weidman.
Read the full summary
This was an appeal from the. decree of the Grcuit Court, confirming the decree of the Orphans’ Court, of Lancaster county,' in the matter of the guardianship account of Benjamin Konigmdcher, the appellant, as guardian of Jacob Kinimel, the appellee, charging the guardian with the amount of a bond given by John Weidman, to the guardian, on account of money due the' ward, and ‘which was lost by the insolvency of Weidman. Upon breaking the case in this court, Porter, for the appellee, moved to quash the appeal, on the ground, that it; had not. been filed here in time. It appeared that the récord…
1Opinion of the Court
The opinion of the court was delivered by
Huston, J.,
(who stated the facts of the case.) It is á maíteí . constantly .occurring in every county, that executors or guardians- are charged with losses, and to settle, if possible,- some rule is desirable.- Perhaps this.cáse was so peculiar in some of the circumstances as- to call for a decision, in part founded, on those circumstances; The old cases at law as to the liability of executors, guardians,- &c. are of such a nature as to excite astonishment. They would seem, by consent, to have been set up, like a cock at Shrovetide, to be thrown at by…
2Cases cited1 opinion
- Case of Johnson's Appeal from the Decree of the Orphans' Court of Philadelphia CountySupreme Court of Pennsylvania · 1825