McFadden v. Sallada
Supreme Court of Pennsylvania
In error from the Common Pleas of Union. July 22. Sallada brought account-render against McFadden, and, it is said, declared against him as bailiff and receiver to the use of the plaintiff. Judgment, quod computet, having been recovered, auditors were appointed. From their report it appeared that McFadden, Sallada, Hall, and Bryan, were partners in the construction of the public works.
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In error from the Common Pleas of Union. July 22. Sallada brought account-render against McFadden, and, it is said, declared against him as bailiff and receiver to the use of the plaintiff. Judgment, quod computet, having been recovered, auditors were appointed. From their report it appeared that McFadden, Sallada, Hall, and Bryan, were partners in the construction of the public works. The three former advanced different proportions of cash as capital, and Bryan was the active member without capital. The capital of the firm was sunk; and of the assets remaining, it appeared that Sallada, the…
1Opinion of the CourtCoulter, J.
In an action'of account-render below, there was judgment for the plaintiff quod computet. Auditors were appointed, who reported a balance in favour of the plaintiff, to which report exceptions were filed, which the court overruled, and entered judgment on the report. The errors assigned are: First, That the court below erred in overruling the exceptions to the auditor’s report. And second, which amounts to the same thing, that the court erred in entering judgment on the report. Seven exceptions were filed; the last of which only will be considered, because that is the key to the whole case.…
2Cases cited5 opinions
- Bredin v. KinglandSupreme Court of Pennsylvania · 1835
- James v. BrowneSupreme Court of the United States · 1788
- Irvine v. HanlinSupreme Court of Pennsylvania · 1823
- Whelen v. WatmoughSupreme Court of Pennsylvania · 1827
- Newbold v. SimsSupreme Court of Pennsylvania · 1816
3Cited by1 opinion
- Burton v. TrainerSuperior Court of Pennsylvania · 1905