Farrell's Assigned Estate

Citations

• 17 Pa. Super. 240
• 1901 Pa. Super. LEXIS 292

Syllabus

<p>Assignment for creditors — Mingling of goods — Consigned goods.</p> <p>The proceeds of consigned goods upon proper identification may be claimed from an assigned estate, for if an assignor has held the property of another upon any trust, the real owner may claim his goods, or, if they have been sold he may follow the proceeds so long as they can be directly traced. If, however, the consignee has sold the goods, collected the money, and mingled it with his own, the power of reclamation is gone. In such a case the burden of identification is on the consignors.</p> <p>Where a firm of commission merchants assign a large number of book accounts to one of their creditors, and subsequently make a general assignment for the benefit of creditox-s, and if appears that the favored ex-editor had collected from the book accounts assigned, more than sufficient to pay his debt, the excess should be paid to the assignee for creditox-s, if it is found that the goods of the vax-ious consignors wex-e inextricably mingled, and it was impossible to ascertain the amounts which had been paid by the various purchasers on account of consigned goods, prior to the assignment for creditors.</p>