Jobe v. Mondereau

Citations

• 67 Pa. Super. 311
• 1917 Pa. Super. LEXIS 393

Syllabus

<p>Attorney and client — Accounting for proceeds of mortgage — Evidence.</p> <p>In an action by an executor against an attorney at law, to recover the proceeds of a mortgage collected by the defendant and for which it is alleged he’ did not account for to the deceased, where the plaintiff testifies that the defendant had admitted that he had collected the mortgage, but had not paid over the proceeds, and the defendant does not deny such admission, but claims that he stated to the plaintiff that he had immediately invested the proceeds in another mortgage for the deceased, it is reversible error to refuse to admit in evidence the second mortgage, which showed on its face that it was executed the day following the satisfaction of the first mortgage, that the name of the decedent appeared as one of the mortgagees, that the sum payable to her was precisely the same, and that the same person was comortgagee of the deceased in both mortgages.</p> <p>Evidence — Booh of original entry — Memorandum of moneys received.</p> <p>A memorandum of moneys received and paid out, entirely made up of cash items, and not containing any charges against any person, is not a book of original entry.</p>