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· 11/21/1904

Frick v. Shimer

Citations

  • 26 Pa. Super. 563
  • 1904 Pa. Super. LEXIS 355

Syllabus

<p>Executors and administrators — Loan to estate — Receipt evidence — Question for jury.</p> <p>An executor who borrows money-for the estate of the decedent may bind himself personally for the repayment of the money if it is not used as agreed at the time of the loan.</p> <p>Where a check is indorsed over to an executor as such and four days thereafter the executor receipts for it as a loan to the estate of the decedent, parol evidence may be admitted to show that the money was to be returned if it was not used for a particular purpose, and if the executor denies this, and alleges another purpose than that stated by the lender, the case is for the jury.</p>

Judges: Beaver, Henderson, Mobbison, Morrison, Orlady, Porter, Rice, Smith

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