Legal Opinion

Underdown v. Underdown

Supreme Court of Pennsylvania

Decided April 11, 1921No. Appeal, No. 257PublishedCited by 11 opinions

Appeal, No. 257, Jan. T., 1921, by plaintiff, from decree of C. P. No. 1, Phila. Co., March T., 1920, No. 4290, dismissing bill in equity, in case of Clara H. Underdown, executrix of Howard Underdown, deceased, v. Americus R. Underdown, Jr. Bill in equity for an account. Before Shoemaker, J. The opinion of the Supreme Court states the facts. The court entered a decree dismissing the bill. Plaintiff appealed. Error assigned, among others, was decree, quoting it.

1Opinion of the Court

Opinion by

Mr. Justice Schaffer,

Howard Underdown and Americus R. Underdown, Jr., brothers, were copartners under a partnership agreement in writing. The first named died and appellant, his widow, is his executrix. She was entirely unfamiliar with business, and the surviving partner undertook to adjust and settle with her the interest of her husband in the firm, presenting to her a statement which purported to show what it aggregated. She thereupon signed a paper, prepared by him, to the effect that she was satisfied with a settlement in accordance with the figures exhibited to her and received…

2Cases cited2 opinions

  1. Murphy v. MurphySupreme Court of Pennsylvania · 1919
  2. Collyer v. CollyerSupreme Court of Pennsylvania · 1861

3Cited by11 opinions

  1. Comstock v. ThompsonSupreme Court of Pennsylvania · 1926
  2. Froess v. FroessSupreme Court of Pennsylvania · 1925
  3. Underdown v. UnderdownSupreme Court of Pennsylvania · 1924
  4. Roberts v. WeinerSupreme Court of Connecticut · 1951
  5. Trook v. CrouchIndiana Court of Appeals · 1923

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