Wiley v. Brundred

Citations

• 158 Pa. 579
• 28 A. 173
• 1893 Pa. LEXIS 1638

Syllabus

<p>Partnership — Accounts—Assignment—Fraud— Concealment — Equity.</p> <p>On a bill for an account against a partner by his copartners, it appeai’ed that plaintiffs had assigned to defendant all of their interest in the book accounts, claims and assets of the firm fora money consideration. Plaintiffs contended that defendant had knowledge of a claim against a railroad company for discrimination, and that he had concealed the facts relating to this claim at the time the assignment was made. Defendant did not deny that he had collected the claim from the railroad company, but averred that all of the parties knew of the existence of the claim, that they had frequently discussed it, and that defendant desired to bring suit upon it, but was opposed by plaintiffs. Plaintiffs did not deny that they had discussed the claim prior to the assignment. Evidence for defendant tended to show that after the assignment was made he obtained from an official of the railroad company evidence by which he collected the claim.</p> <p>Eeld, that the bill should be dismissed.</p>