Brooks v. First Presb. Church

Citations

• 135 Pa. 137
• 19 A. 817
• 1890 Pa. LEXIS 1159

Syllabus

<p>1. The Supreme Court will not hear argument upon, or consider, specifications of error based upon testimony which the appellant, in violation of the Rules of Court, has neglected to present accurately and fully in his paper-books, although such omission has not been made for the purpose of misleading the court.</p> <p>2. In an action to recover a distributee’s' share of a decedent’s estate, received by the defendant from the executor upon papers fraudulently obtained from the plaintiff, a record of the Orphans’ Court showing the dismissal of plaintiff’s exceptions to a credit taken therefor by the executor, is inadmissible as a defence, when the executor paid out the money in good faith and without notice of the fraud.</p> <p>3. As between the plaintiff and the innocent executor, the plaintiff was in no condition to maintain the surcharge in the Orphans’ Court, in the proceedings upon the executor’s account, but the defendant in the action having the fruits of the fraud in its possession, the Orphans’ Court record was no defence to the action brought to recover it back.</p>