Page:United States Reports, Volume 1.djvu/322

 

SUPREME COURT of Pennʃylvania:

July Term, 1788.

HIS was an appeal from the Orphan's Court of  Philadelphia county on the following cafe. Brown, having received Ł 400. on account of the eftate of his Teftator Edgar, paid it over (according to his uniform practice upon fuch occafions) to his Co-executor Dogherty.  In Brown's books this money was charged, generally, as fo much cafh paid to Dogherty ; but, in Dogherty's books, credit was given for it on account of the eftate of Edgar.  Dogherty became infolvent ; and upon a fettlement of Brown's adminiftration, the Orphan's Court refufed to allow him the Ł400. thus paid over to his Co-executor; but charged him with the principal fum, and intereft from the time he received, ‘till the year 1776, (nine years) dropping the intereft from that time ‘till 1781, and afterwards reviving it.

It was argued in January Term by Wilcocks in fupport of the appeal, and Lewis againft it ; when three points were made ; 1ft, Whether, the money was a loan to Dogherty,  or a payment to the eftate of Edgar,  Brown  was thereby difcharged ; and 3d, Whether intereft was payable to the refiduary Legatees, who were the Appellees upon this occafion.

The having ftated the points that were made in the caufe, now delivered the opinion of the Court.

M‘Kean,Chieƒ Juʃtice. –From the evidence we muft determine, on the firʃt point, that the money was a payment to the eftate of Edgar. It was Brown's  conftant practice to transfer all his receipts to