Gyger's Appeal
Supreme Court of Pennsylvania
. May 6th and 7th 1869. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Reed, J., absent. Appeal from the Court of Common Pleas of Lancaster county: In Equity: No. 61, to May Term 1869. The hill in this case was filed, September 4th 1865, by Henry Musselman and Joseph Clarkson against John Gyger.
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. May 6th and 7th 1869. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Reed, J., absent. Appeal from the Court of Common Pleas of Lancaster county: In Equity: No. 61, to May Term 1869. The hill in this case was filed, September 4th 1865, by Henry Musselman and Joseph Clarkson against John Gyger. It alleged that, on the 8d of March 1856, Henry Musselman, David Bair, Benjamin Eshleman, and John Gyger (the defendant) entered into partnership as bankers in the city of Lancaster, each to invest an equal portion of the capital, which was so done, and each to receive an equal share of…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
It is not necessary to consider any of the assignments of error, except the 5th and 7th. The court were clearly right in decreeing the account; and the master adopted and applied correct principles on. all questions raised before him, except as to interest and costs. In regard to his conclusions of fact from the evidence, there is no such palpable error as, according to the well-established practice in chancery, would have justified the court in correcting his report.
The 5th assignment of error is “in charging John Gyger interest prior to…
2Cases cited1 opinion
- Caldwell v. LeiberNew York Court of Chancery · 1839
3Cited by15 opinions
- Stotsenburg v. FrostSupreme Court of Pennsylvania · 1975
- Eisenlohr's Estate (No. 1)Supreme Court of Pennsylvania · 1917
- Greenan v. ErnstSupreme Court of Pennsylvania · 1962
- Stocker v. HutterSupreme Court of Pennsylvania · 1890
- Goodwill v. HeimSupreme Court of Pennsylvania · 1905
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