Estate of Lafferty

Citations

• 181 Pa. 51
• 37 A. 113
• 1897 Pa. LEXIS 502

Syllabus

<p>Partnership — Decedents' estates — Payments.</p> <p>One of the executoi-s of an estate, after diverting moneys of the estate to tlie use of a partnership of which he was a member, became a defaulter to the estate. To diminish his deficit he subsequently made various deposits in cash in the bank account of the estate, and also deposited a firm check to his personal order in the same account. It was claimed that the executor had used the firm moneys in making the cash deposits in the bank to pay his individual indebtedness to the estate. Held, (1) that it was the right of the estate to receive the moneys, unless they were earmarked as moneys of the firm; (2) that under the facts of the case the partnership could not recover from the estate the moneys deposited, but was limited to its remedy against the defaulting executor.</p>