Nonantum Worsted Co. v. C. J. Webb & Co.

Citations

• 124 Pa. 125
• 16 A. 632
• 1889 Pa. LEXIS 1011

Syllabus

<p>1. Where an insolvent debtor has two accounts with the same person, one on which the balance is in his favor, and another on which the balance is against him, he may not assign the right to recover the balance due upon the former, except as subject to the balance due upon the latter.</p> <p>(a) A wool-dealer had two accounts against defendant company, one an account of sales on which the balance was in his favor, the other an account of a consignment without sale and advancements thereon, with the balance against him, when suit was brought by an assignee of the balance due on the former account:</p> <p>2. The evidence being uncontradicted that the consigned wool was on hand and unsold with the defendants when suit was brought, and that up to vancements, proof that after the suit was brought the defendants rendered a statement crediting the value of the wool at a certain rate as of the date of the consignment, was not evidence of a conversion entitling the plaintiff to the benefit of evidence that the wool was of greater value than the rate allowed.</p>