Ahl v. Ahl

Citations

• 176 Pa. 466
• 35 A. 227
• 1896 Pa. LEXIS 1100

Syllabus

<p>Contract — Evidence—Trust and trustees — Booh of accounts.</p> <p>A firm consisting of three partners was engaged in manufacturing pig iron. The furnace plant was owned by the firm; the ore was obtained from a bank owned by one of the partners. The firm became embarrassed, and to insure the continuous operation of the furnace it was agreed that Q., a son of one of the partners, should take the lease of the furnace and conduct the business in his name for the benefit of the firm. The stock on hand was transferred to him, and the ore tract was conveyed to him. An agreement was entered into by the members of the firm for the purpose of indemnifying Q. against any liabilities he might incur on their account. Shortly after this arrangement was entered into, one of the creditors of the firm becoming urgent, a deed of trust for the ore tract was executed to secure the debt. Q. joined in the deed of trust. Seven years after-wards the ore tract was sold to pay the debt. The business was conducted in Q.’s name for about three years. Seven years after the sale of the ore tract and one year after the death of the last survivor of the firm, Q. for the first time claimed that he had paid $8,000 for the ore tract, and brought suit against the estate of the partner who had owned it to recover this amount. At the trial his ledger was offered and received in evidence to prove the payment of the purchase money for the ore tract of the firm. The defendant claimed that the ore tract had been conveyed to Q., with the property of the firm, to enable the business to be conducted in Q.’s name for purpose of liquidation. Held, (1) that the admission of the ledger in evidence was error; (2) that the question in the case was whether Q. had paid for the ore tract, and whether it was his property; (3) that the agreement of indemnity against liabilities in connection with the evidence of the time of its preparation and delivery is strongly corroborative of the defendant’s position; (4) that it