McNeilan's Estate
Supreme Court of Pennsylvania
Appeal, No. 242, Jan. T., 1895, by James Waddell, from decree of O. C. Phila. Co., Oct. T., 1894, No. 8, dismissing exceptions to adjudication. Exceptions to adjudication. At the audit before Penrose, J., James Waddell claimed the sum of $2,000, which he alleged he had loaned to decedent. The point in dispute was whether the money had been loaned to decedent, or whether it was a contribution to a partnership between claimant and decedent, formed for constructing sewers.
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Appeal, No. 242, Jan. T., 1895, by James Waddell, from decree of O. C. Phila. Co., Oct. T., 1894, No. 8, dismissing exceptions to adjudication. Exceptions to adjudication. At the audit before Penrose, J., James Waddell claimed the sum of $2,000, which he alleged he had loaned to decedent. The point in dispute was whether the money had been loaned to decedent, or whether it was a contribution to a partnership between claimant and decedent, formed for constructing sewers. Witnesses on behalf of the estate testified that the claimant had stated that he was a partner of the decedent in the…
1Opinion of the Court
Per Curiam,
The controlling question in this case was whether the $2,000, paid by appellant to the decedent, was a loan or a contribution to capital of the business in which they proposed to engage and carry on as partners. The learned auditing judge found it was a contribution to the capital of said business and not a loan. In this he was sustained by the court in banc. We find nothing in the record that would justify us in sustaining any of the specifications of error; nor do we think that either of them requires special notice. The decree is affirmed on the opinion of the court in banc…
2Cited by4 opinions
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- Huron v. SchomakerSuperior Court of Pennsylvania · 1936
- Grove v. KeelingCourt of Appeals of Texas · 1915
- Brown's EstatePennsylvania Orphans' Court, Washington County · 1921