Hostetter v. Hollinger

Citations

• 117 Pa. 606
• 12 A. 741
• 1888 Pa. LEXIS 447

Syllabus

<p>1. Where, upon an agreement between them, A. and B. have placed in the hands of C. each a certain sum, and C. was to contribute a like sum, . the fund created to be wholly for the benefit of D. then in ignorance of the arrangement, and the control of it entirely relinquished by the contributors, D. may sustain an action in Ms own name against C. to enforce payment of the fund to him.</p> <p>2. Trusts which are not affected by the statute of limitations are only those technical and continuing trusts over which chancery has exclusive jurisdiction; and where a fund has been received to be paid to a particular person or to be applied to a particular purpose, an action by the beneficiary to enforce payment or application is within the operation of the statute.</p> <p>3. To toll the bar of the statute, a promise to pay must be unequivocal and absolute, an acknowledgment, clear and definite and consistent with such a promise, and in either case made to the owner of the right of action or to his agent in that behalf.</p> <p>4. Where an action is brought by a beneficiary to recover a fund created by contributions for his benefit, a promise or acknowledgment made to a contributor not the agent of the plaintiff is of no effect against the bar of the statute.</p>