Appeal of Stark
Pennsylvania Court of Common Pleas, Lancaster County
No. 430 January Term 1889, Sup. Ct.; court below, Trust Book No. 11, p. 9, C. P. On October 1,1887, John F. Griel, assignee for the benefit of tbe creditors of Joseph Stark, filed an account whereby he charged himself with having received the sum of $96.50, and took credit for payments amounting to $109.27, making due to the accountant a balance of $12.77. Exceptions to the account having been filed by the assignor, charging the assignee with fraudulent conduct and with a…
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No. 430 January Term 1889, Sup. Ct.; court below, Trust Book No. 11, p. 9, C. P. On October 1,1887, John F. Griel, assignee for the benefit of tbe creditors of Joseph Stark, filed an account whereby he charged himself with having received the sum of $96.50, and took credit for payments amounting to $109.27, making due to the accountant a balance of $12.77. Exceptions to the account having been filed by the assignor, charging the assignee with fraudulent conduct and with a failure to properly account for the assets of the assigned estate, Mr. George A. Lane was appointed auditor to pass upon…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
We are of opinion that this decree must be reversed. The appellee, John F. Griel, is not only the assignee for creditors of Joseph Stark, but is also the executor of the last will and testament of Jacob Griel, Sr., deceased. The appellant’s contention is that the judgments in question were not given for any absolute debt of Stark to Griel, but were conditional obligations, given to secure Griel from the effect of his indorsements for Stark’s benefit, and that in fact there were no such indorsements existing at the time the sheriff’s sales were made; that the…
2Cited by1 opinion
- Estate of ShoenbergerSupreme Court of Pennsylvania · 1891