Reports of Cases Adjudged in the Supreme Court of Pennsylvania volume 14
Reports of Cases Adjudged in the Supreme Court of Pennsylvania volume 14
Pennsylvania Supreme Court
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Large sums of money were to be collected for lands sold, and on general principles one trustee would not be responsible for collections made by another. These parties had been at law for some time, and being weary of the contest, they were anxious to put an end to it by a reference. To simplify the proceedings, it was agreed that one suit should be brought against the three defendants, and the liability of both parties to the per- formance of the award to be made by the referees, was confessed.... It is said to be unreasonable that one trustee should be responsi- ble for money received by another. It is so, unless it be so agreed, and then it is not unreasonable. In the present instance, it may be presumed, that the defendants, who agreed to be jointly responsi- May, 1S26. ] OF PENNSYLVANIA. 153 (Gratz and others, Administrators of Gratz, v. Phillips and others. ) ble, had an understanding between themselves by which justice would be done. That was their affair, but the plaintiffs had nothing to do with it.
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