McManus v. Laughlin

Supreme Court of Pennsylvania July 21, 1898

McManus v. Laughlin, 186 Pa. 498 (Pa. 1898)

40 A. 992; 1898 Pa. LEXIS 1034

Fell, McCollum, Mitchell, Sterrett, Williams

Opinion of the Court

Per Curiam,

This appeal by Annie G. Summers is from the decree dismissing exceptions, confirming the auditor’s report and ordering distribution in accordance therewith.

*508It is unnecessary to refer in detail to the forty-seven exceptions to the auditor’s report, filed on behalf of appellant, or to the several questions involved in the assignments of error. To do so would consume much time to no good purpose. It is sufficient to say, as the result of a careful examination of the record, that the court below was clearly right in approving the learned auditor’s findings of fact and conclusions of law upon which its decree is based. We find nothing in the record that requires either a reversal or modification of the decree.

Decree affirmed and appeal dismissed at appellant’s costs.

Reference

Full Case Name: Charles A. McManus v. Robert Laughlin and William King. Annie G. Summers
Cited By: 3 cases
Status: Published
Syllabus: Husband and wife — Conversion of wife's property by husband — Brokers. Where a husband who is in the habit of attending to his wife’s business, obtains from her securities with executed power to transfer, for the purpose of loaning them to a firm of brokers, under a promise not to use them in his own speculations, and he does so loan them, but subsequently hypothecates them with the brokers as security for his own speculations; the brokers having no knowledge of the promise made by the husband to the wife, and the wife, having raised no objections to the use which the husband was making of the securities for a considerable period of time after she learned the facts, she cannot, after the failure of the brokers, claim a preference over general creditors in the distribution of the firm’s assets.