Barclay v. Barclay
Barclay v. Barclay
Opinion of the Court
Opinion by
■ We do not find that the record in this case raises the question elaborately argued on behalf of the appellant, whether a decree, pro confesso, for want of an appear anee, entered against one of the defendants in a bill for ..a
The defendants in this action were John K. Barclay and The Philadelphia Trust, Safe Deposit & Insurance Company, Administrator of Samuel G. DeCoursey, late trading as Barclay & Barclay. A verdict was directed in favor of the administrator on proof by it of a record of the orphans’ court which showed that the identical claim on which this action is based was presented to that court at the audit of the administrator’s account, and disallowed, and that the adjudication of the auditing judge was confirmed by the court in banc. The decree of the orphans’ court was affirmed by this court in DeCoursey’s Estate, 211 Pa. 92. It is argued that the orphans’ court disal
We find no merit in any of the assignments and the judg-. ment is affirmed.
Reference
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- Syllabus
- Partnership — Evidence—Decree pro confesso — Admission against interest — Estoppel—Adjudication by orphans’ court. 1. In. an action upon promissory notes where the defendant sets up as a defense that he was a partner of the plaintiff; and that there had been no prior accounting between them, the court makes no error in admitting in evidence the record of a decree pro confesso against the plaintiff, in an equity suit against him and another by the defendant for an accounting as partners, where such evidence is admitted, and treated in the charge, not as an estoppel, but merely as an admission against interest and the admission for such purpose is acquiesced in by the plaintiff. 2. In an action upon promissory notes against an administrator and another, a verdict for the administrator is properly directed, where the record of the orphans’ court offered in evidence shows that the plaintiff had presented the notes in suit as a claim at the audit of the administrator’s account, and that the' claim was disallowed because it was barred by the presumption of payment, and also on the ground that the claimant had been a partner of the decedent, that the amount which he claimed had been carried on the books of the firm to his credit, blended with other moneys arising from his share of profits, and that his interest in the partnership had been sold at sheriff’s sale. 3. While the orphans’ court has no jurisdiction to settle a partnership account,, it may consider the demand of one claiming as a firm creditor against the estate of a deceased partner.