Commonwealth v. Clarkson
Supreme Court of Pennsylvania
. Appeal from the decision of the Circuit Court of Dauphin county. The accounts of the defendant’s, intestate, John- Passmore, who had been prothonotary of the Supreme Court for the Lancaster district, and of the Court of Common Pleas of Lancaster county, and clerk of the Orphans’ Court, Quarter Sessions, and Oyer and Terminer, in and for the county of Lancaster, having'been settled on the 18th of May, 1824, by the auditor general and state treasurer, who found a balance…
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. Appeal from the decision of the Circuit Court of Dauphin county. The accounts of the defendant’s, intestate, John- Passmore, who had been prothonotary of the Supreme Court for the Lancaster district, and of the Court of Common Pleas of Lancaster county, and clerk of the Orphans’ Court, Quarter Sessions, and Oyer and Terminer, in and for the county of Lancaster, having'been settled on the 18th of May, 1824, by the auditor general and state treasurer, who found a balance against him of eight thousand one hundred and ninety-nine dollars.and thirteen "and three quarter cents; he, on the 28th of…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. L
Mr.' Passmore, while in office, received fees which were due to the sheriff, and the sheriff during the same period, received fees which were due to Mr. Passmore; and the question is, whether these cross demands extinguished each other by operation of law, or whether that effect was produced for the first time when actual defalcation, took.place by the act of the parties?
Defalcation was unknown at the common law, according to which, mutual debts were distinct and inextinguishable except by actual payment or release. But the statute of…
2Cases cited2 opinions
- Murray v. WilliamsonSupreme Court of Pennsylvania · 1810
- Griffith v. ChewSupreme Court of Pennsylvania · 1822
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- Fisher v. DavisSupreme Court of Pennsylvania · 1923
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