Assigned Estate of Allison

Citations

• 183 Pa. 555
• 38 A. 1036
• 1898 Pa. LEXIS 1078

Syllabus

<p>Assignment, for creditors — Sale—Fraud—Surcharge of assignee.</p> <p>At a sale of an assignee for creditors the property was knocked down by the assiguee for $929 to fl. who was not present at the sale, and who had no knowledge of the transaction, and afterwards a deed was made to II. with the understanding that he should take the property in case a better purchaser could not be procured and he subsequently conveyed the land to Z., at the assignee’s request, but neither H. nor Z. paid any money for the conveyances to them. After the deed to Z. was made, the assignee employed an agent who procured purchasers for the land for $3,225. The purchase money was paid to the assignee who paid $200 to Z., and $150 to the agent who procured the purchasers. Held, (1) that as it did not appear that Z. had done anything entitling him to commission, it was unjust to the trust estate to allow the assignee a credit for $200 paid him ; (2) that the assignee should be surcharged with the difference between $929 and $3,225, less the sum of $150 paid to the agent.</p>