Commonwealth v. Union Surety & Guaranty Co.
Superior Court of Pennsylvania
Appeal, No. 8, March T., 1908, by Hess-Farris Mineral Exploration Company and Barclay Johnson, from order of C. P. Dauphin Co., Commonwealth Docket, 1904, No. 26, dismissing exceptions to auditor’s report in case of Commonwealth ex rel. Attorney General v. Union Surety & Guaranty Company. Exceptions to report of John R. Fox, Esq., and Charles L. Brown, Esq., auditors. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 8, March T., 1908, by Hess-Farris Mineral Exploration Company and Barclay Johnson, from order of C. P. Dauphin Co., Commonwealth Docket, 1904, No. 26, dismissing exceptions to auditor’s report in case of Commonwealth ex rel. Attorney General v. Union Surety & Guaranty Company. Exceptions to report of John R. Fox, Esq., and Charles L. Brown, Esq., auditors. The facts are stated in the opinion of the Superior Court. Errors assigned were in dismissing exceptions to auditor’s report.
1Opinion of the Court
Opinion by
Porter, J.,
The record clearly shows that the Exploration Company and Barclay Johnson presented separate and distinct claims *168in the court below, the Exploration Company claiming the sum of $1624, and Barclay Johnson the sum of $232. Each claimed that the fund out of which they, respectively, were entitled to be paid was a special trust fund created for the purpose of paying the coupons which they held. Johnson had no interest in the coupons presented by the Exploration Company and the Exploration Company had no interest in the coupons presented by Johnson. The claims were absolutely…
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