Oyster v. Short
Supreme Court of Pennsylvania
Appeal, No. 56, July T., 1895, by W. H. Horton, administrator of Hezekiah Horton, from decree of C. P. Elk Co., Sept. T., 1893, No. 3, on bill in equity. Exceptions to report of E. P. Geary, Esq., master, distributing the funds of the insolvent bank. Exceptions to report of master.
Read the full summary
Appeal, No. 56, July T., 1895, by W. H. Horton, administrator of Hezekiah Horton, from decree of C. P. Elk Co., Sept. T., 1893, No. 3, on bill in equity. Exceptions to report of E. P. Geary, Esq., master, distributing the funds of the insolvent bank. Exceptions to report of master. The facts appear by the opinion of Mayer, P. J., which was in part as follows: On the 1st day of July, 1875, D. C. Oyster, Alfred Short, H. Horton and C. R. Earley entered into a partnership for the purpose of conducting a general banking business, under the name of Ridgway Bank; the profits or losses of said…
1Opinion of the Court
Opinion by
Me. Justice Green,
As a matter of course the agreement of January 15, 1892, not having been signed by all the members of the firm before the death of H. Horton, never became an operative agreement, and may be entirely dismissed from consideration.
It is a fact found by the master that at the death of H. Horton, on November 4, 1892, there was an aggregate of indebtedness of the firm, which yet remained at the time of distribution, of $81,316.64, and the total assets at the time of distribution were but $78,525.31. There was no controversy as to this state of facts, and it is therefore…
2Cases cited1 opinion
- McCruden v. JonasSupreme Court of Pennsylvania · 1896