Legal Opinion

Account of Tustin

Supreme Court of Pennsylvania

Decided July 15, 1896No. Appeal, No. 163PublishedCited by 1 opinion

Appeal, No. 163, Jan. T., 1896, by G. M. Tustin, assignee of the Catawissa Deposit Bank, from the decree of O. P. Columbia Co., dismissing exceptions to report of auditor, surcharging said assignee. Exceptions to auditor’s report.

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Appeal, No. 163, Jan. T., 1896, by G. M. Tustin, assignee of the Catawissa Deposit Bank, from the decree of O. P. Columbia Co., dismissing exceptions to report of auditor, surcharging said assignee. Exceptions to auditor’s report. The Catawissa Deposit Bank, an institution organized under a special act of the legislature, to do a deposit and discount business, made an assignment to wind up its affairs by reason of the expiration of its charter, May 19, 1891. G. M. Tustin, the appellant, was chosen assignee. He had been the cashier of the bank since 1884. Prior to the assignment, the bank had…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

The general rule regulating the allowance of commissions to an accountant was correctly stated by the learned judge of the court below. The circumstances that will justify an allowance in excess of 5 per cent must be such as show an unusual amount of labor. The evidence in this case made it very clear that the accountant exercised intelligent attention and the utmost good faith in the discharge of the duties he assumed by accepting the position-of assignee; but his principals were entitled to this. The faithful discharge of a duty affords no claim for an extra…

2Cited by1 opinion

  1. Kline's EstateSuperior Court of Pennsylvania · 1912

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