Colket's Estate

Citations

• 217 Pa. 643
• 66 A. 980
• 1907 Pa. LEXIS 772

Syllabus

<p>Decedents’ estates — Promissory notes — Contribution—Evidence.</p> <p>On a claim against a decedent’s estate for contribution, it appeared that claimant had made in decedent’s lifetime four promissory notes for $5,000 each, payable to his own order, and indorsed by decedent, and that decedent had made one note for $5,000 to his own order, and indorsed by himself and the claimant. The claimant after the death of the decedent paid all of the notes, and asked contribution against the estate for one-half the aggregate amount. Plaintiff offered testimony by witnesses other than himself which tended to show that he. and the decedent were interested in a mining operation, although the decedent’s interest was much less than that of the claimant; that large amounts had been advanced on the operation, and at the time the notes were given there was urgent need for more money; that the decedent manifested more interest and anxiety that the money should be raised than claimant or any other stockholder; that he visited claimant’s office almost daily, and importuned him to raise the money; that decedent suggested that the easiest and only way was to borrow the money; that the claimant reluctantly consented to borrow the money; and that the note made by decedent himself was so made to save the bank which discounted it from exceeding its ten per cent limit. Held, that the evidence was sufficient to show that the two men agreed jointly to raise $25,000 for the mining venture, and that the plaintiff was entitled to contribution against the decedent’s estate.</p>