Bair's Assigned Estate
Superior Court of Pennsylvania
Appeal, No. 7, March T., 1902, by Amanda Shelley, from decree of C. P. York Co., dismissing exceptions to auditor’s report in the assigned estate of Eliza Bair. Exceptions to report of H. C. Niles, Esq., auditor, distributing fund raised by sale of real estate.
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Appeal, No. 7, March T., 1902, by Amanda Shelley, from decree of C. P. York Co., dismissing exceptions to auditor’s report in the assigned estate of Eliza Bair. Exceptions to report of H. C. Niles, Esq., auditor, distributing fund raised by sale of real estate. Bittenger, P. J., filed the following opinion: The exceptions are to the refusal of the auditor to award to claimants and exceptants, Amanda Shelley, $937.76, principal and interest on her share of dower charged on the real estate of Eliza Bair, in the will of Michael Wollet, devising to his daughter, Eliza Bair, the real estate from…
1Opinion of the Court
Pee Cueiam,
Upon the facts found by the auditor whose report was confirmed by the court below, the refusal to allow the claim of the appellant was right. This is clearly shown in the auditor’s report and the opinion of the court. Where one of two persons must suffer loss by reason of the fraud or deceit of another, the loss should fall on him by whose act or omission the wrongdoer has been enabled to commit the fraud: Vanderslice v. Royal *88Insurance Co., 13 Pa. Superior Ct. 455; O’Connor v. Clark, 170 Pa. 318. This principle is applicable here. We need nob elaborate further, nor cite other…
2Cases cited2 opinions
- O'Connor v. ClarkSupreme Court of Pennsylvania · 1895
- Vanderslice v. Insurance Co.Superior Court of Pennsylvania · 1900
3Cited by4 opinions
- Mielcuszny Et Ux. v. Rosol (Et Ux.)Supreme Court of Pennsylvania · 1934
- Williams v. CookSupreme Court of Pennsylvania · 1927
- Burkhart v. FalcoSuperior Court of Pennsylvania · 1934
- Byrne v. Dennis, Pennsylvania Court of Common Pleas, Philadelphia County1930