In re Assigned Estate of Bailey

Citations

• 187 Pa. 381
• 41 A. 293
• 1898 Pa. LEXIS 821

Syllabus

<p>Partnership — Insolvency—Partnership and separate assets.</p> <p>Where there are partnership and separate creditors and partnership and separate assets, and the firm is insolvent, each class has priority upon its respective estate.</p> <p>Partnership — Auditor's findings of fact — Partnership and separate assets.</p> <p>The Supreme Court will not reverse an auditor’s finding of facts confirmed by the court below, that certain assets belong to a partner individually and not to the firm of which he is a member, where there is direct and positive evidence that the property was not firm assets, and the evidence offered to the contrary merely admits of a construction which would authorize inferences opposed to the auditor’s findings.</p> <p>Evidence — Declarations—Assignment for creditors.</p> <p>The declarations of an assignor made after an assignment for creditors are admissible as evidence ouly for the purpose of affecting the credibility of the assignor as a witness and the weight to be given his testimony.</p>