DeRoy v. Richards

Citations

• 8 Pa. Super. 119
• 1898 Pa. Super. LEXIS 23

Syllabus

<p>Trusts and trustees — Conduct of business in trust for wife and children.</p> <p>That the conduct of a business may be intrusted to a man in trust for his wife and children is well settled and granting that such trustee, also plaintiff’s debtor, had exclusive possession and dominion over the property levied on as his, this fact will not defeat the operation of the trust in the absence of fraud, or of claim of personal ownership or of denial of title of 'cestui que trust.</p> <p>Married woman — Husband's creditor — Trust estate of wife — Burden of proof.</p> <p>The duty of a married woman claiming against her husband’s creditors, to show that her claim is for a consideration growing out of her separate estate, is not applicable where she claims under a trust; in such case she can only be held to proof of the trust and good faith in its creation and execution.</p> <p>Practice, Superior Court — -Buies of court — Defective assignments.</p> <p>Specifications of error are defective as not in accordance with Rules XV. and XVII., where the testimony nowhere appears in the assignments, nor is the name of the witness who testified on the subject or the page of the paper-book given, and where these rules are not complied with, the specifications will not be considered.</p> <p>Evidence — Accommodation paper — Fraud.</p> <p>Where fraud is the gravamen of the action, the question whether a note sued on was accommodation paper or given in the business of the trust for which the maker was trustee, becomes pertinent to the issue.</p> <p>Promissory note — Representative character of maker.</p> <p>Tlie rule is that the name of the principal intended to be charged must appear on the paper. If it be intended to charge a maker or indorser in a representative capacity, this must be indicated with reasonable certainty, so that subsequent purchasers and indorsers may be informed of I lie fact. This does not preclude proof that the note was given by a trustee in the business of the agency