Krewson v. Sawyer

Citations

• 266 Pa. 284
• 109 A. 798
• 1920 Pa. LEXIS 552

Syllabus

<p>Account render — Act of October IS, 18k0 — Jury trial.</p> <p>1. Under the Act of October 13, 1840 (P. L. 1841, page 7), the plaintiff in account render may try the case before a jury, instead of taking a judgment quod computet.</p> <p>Evidence — Witness—Gross-examination—Bight of party calling witness to contradict or qualify testimony.</p> <p>2. When a witness is called as under cross-examination his testimony may be contradicted or qualified by the party calling him, otherwise it must be taken as true.</p> <p>Goniract — Agreement to distribute fund to creditors — Death of debtor — Personal representatives — Distribution by orphans’ court.</p> <p>3. Where by an agreement a fund is to be distributed to creditors named or ascertainable, the subsequent death of the debtor will not necessitate the payment of the fund to his personal representatives for distribution under the orders of the orphans’ court.</p> <p>Account render — Parties—Agreement.</p> <p>4. Not decided whether an action of account render will lie by one party to an agreement against thé other, if others who are interested in the fund to be raised under the agreement, are not made parties to the suit.</p>