Assigned Estate of Jones

Citations

• 12 Pa. Super. 427
• 1900 Pa. Super. LEXIS 258

Syllabus

<p>Assignment for creditors — Distribution of fund — Who may participate.</p> <p>In the distribution of an assigned estate the rule is that those are entitled to share who have a definite demand against it or a cause of action capable of adjustment and liquidation upon trial.</p> <p>In the case at bar the assignor was liable as surety on a bond; suit was brought three years before the assignment and resulted in determining the liability against the obligor t.o an amount in excess of the bond on which the surety was liable; the' amount of the damages exceeded the amount of the bond, hence, the assignor’s liability thereunder was the full amount thereof and attached as of its date.</p>