Harrisburg Bank v. Tyler
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Dauphin county. Charlotte W. Tyler, guardian of Sarah E. Tyler and Edwin Tyler, minor children of Edwin Tyler, deceased, against Harrisburg Bank.
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ERROR to the Common Pleas of Dauphin county. Charlotte W. Tyler, guardian of Sarah E. Tyler and Edwin Tyler, minor children of Edwin Tyler, deceased, against Harrisburg Bank. This was an action on the case to recover the damage sustained by the plaintiffs from the defendant’s refusal to permit the transfer of 130 shares of bank stock held in the bank in the name of Edwin Tyler, deceased, which they alleged was not his property, although the certificates of stock were in his name. The defendant denied that this was the property of the plaintiffs, but alleged that it was the property of Edwin…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Edwin Tyler’s account of the funds put into his hands for investment by the surviving trustee, was admissible evidence for a very sufficient reason—it was in prejudice of his interest. Had he purchased the stock with his own money, he would have owned it in perpetuity, instead of owning the produce of it during his lifetime. He declared that he had purchased it with the proceeds of the Farrandsville store for the benefit of the trust; and, at his death, his declaration became evidence of the fact as the confession of a man peculiarly, if…
2Cases cited2 opinions
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