John Brown's Assigned Estate

Supreme Court of Pennsylvania October 23, 1899

John Brown's Assigned Estate, 193 Pa. 281 (Pa. 1899)

44 A. 443; 1899 Pa. LEXIS 1116

Ctjeiam, Fell, Green, McCollum, Mitchell, Sterrett

Opinion of the Court

Pee Ctjeiam,

We find no error in this record that would justify a reversal or modification of the decree; nor is there anything in either of the specifications of error that requires discussion. The correctness of the decree and the rulings of the court leading-up thereto are so fully vindicated in the clear and exhaustive opinion of the learned president of the 49th judicial district, who specially presided at the hearing, that we find it unnecessary to add anything to what he has so well said. On that opinion the decree is affirmed and appeal dismissed at appellant’s costs.

Reference

Full Case Name: John Brown's Assigned Estate. Appeal of J. B. Green
Status: Published
Syllabus: Assignment for creditors—Continuance of business by assignee—Surcharge. An assignee for creditors may, for good reasons, continue the assignor’s business a reasonable length of time for the purpose of completing the manufacture of unfinished goods, with a view of enhancing their value, but if he continues the business generally for a longer period, and it results in a loss, he does so at his own risk, and he must account for the loss. Where an assignee for creditors, without the consent of the creditors, pays out of funds in his hands a balance of purchase money due by the assignor for real estate, and subsequently sells the land for a sum less than the balance of the purchase money which he had paid, he will be surcharged with the difference.