Bittner v. Hartman

Citations

• 139 Pa. 632
• 22 A. 646
• 1890 Pa. LEXIS 1062

Syllabus

<p>(a) Certain persons, doing business as partners, made an assignment of tlieir estates, partnership and individual, for the benefit of creditor’s. Without converting all the trust property into cash, the assignee paid the debts of the assignors, and settled an account as assignee, duly confirmed, showing a balance in his favor:</p> <p>1. In an action by the assignee to recover said balance from the assignors, it being made to appear that certain of the latter had paid to the assignee the amount of said balance before suit was brought, and that the suit was for the real benefit of the assignors so paying, it was not error to enter a judgment of nonsuit.</p>