In re Assigned Estate of Passmore

Citations

• 194 Pa. 632
• 45 A. 417
• 1900 Pa. LEXIS 454

Syllabus

<p>Assignment for creditors — Citation to account — Pleading.</p> <p>Wliere an answer by an assignee for creditors to a petition for a 'citation to account admits that the petitioner was the only creditor unpaid, but avers that he had agreed that all the other creditors should be paid, and that the business should be carried on by the assignor and the assignee, and also avers that the business was carried on at a loss, and was subsequently wound up without assets sufficient to pay the debt, and the petitioner, in a replication, denies all the averments of the answer, the court should make absolute a rule for a citation.</p> <p>Statute of limitations — Assignment for creditors.</p> <p>An assignee for creditors is a trustee, and he cannot plead the statute of limitations against creditors who are cestuis que trust, and who are interested as owners of the assigned estate.</p>