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2 Pennyp. 408

Roberts v. Williams

Supreme Court of Pennsylvania

Decided January 30, 1882

Supreme Court of Pennsylvania · decided 1882-01-30

4, for the County of Philadelphia. Debt, by John Roberts, trustee, against George Williams, Charles E. Ellis, and Anna M. Ellis, executors of the last will and testament of Amos Ellis, deceased, upon an obligation of the testator, in which he guaranteed the payment of a certain mortgage debt.

Decided 1882-01-30

— Per Curiam:

¶1We are of opinion that the judgment of the Court below, on the point reserved for the smaller sum, was entirely right. The plaintiff’ was personally liable on his bid, which was accepted by the sheriff', and the fifty dollars required by the conditions of sale were paid by him. The fact that he brought this action as trustee did not relieve him from the set-off. He must answer— if he is responsible for the loss to the trust estate — to his cestui que trust.

¶2Judgment affirmed.

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