100 F. 805 | U.S. Circuit Court for the District of South Carolina | 1900
This case comes up on a report of the receiver stating that a claim had been presented to him by C. A. Chisolm, executor of William Gregg, Jr. The claim is presented in an exhibit to the report. Ey it it appears that O. A. Chisolm, executor, alleges a large indebtedness to his testator by Mr. 0. C. Pinck-ney, Jr. The report of the receiver was referred to a special master to take testimony thereon. The special master has made Ms report. William Gregg and C. 0. Pinckney, Jr., had a long business connection. Their relation to each other was such that C. 0. Pinck-ney was the agent or factor, and William Gregg the principal. The business in which Mr. Gregg was engaged was the mining of phosphate rock. To this business Mr. Pinckney advanced money, and all rock mined was consigned to him, and sold by him. All the accounts between them were kept in Mr. Pinckney’s books. All of Mr. Gregg’s payments were made by him, and accounts were rendered from time to time. Three of these accounts are in evidence. On the first account, marked “Exhibit A,” the first debit there is to balance as per account rendered $2,919.27, the last item is to balance $5,074.32. At the foot of this account is this memorandum: “This balance does not include Orient or Etiwan losses or Or. for
C. C. Pinckney, a^ Gregg’s agent and factor, had sold a quantity of phosphate rock to the Etiwan Phosphate Company. This company went into the hands of a receiver, the price of the rock not having been fully paid; and the receiver paid dividends on his collections. One, of $2,312.71, was due on the debt for this rock, and was paid to C. C. Pinckney, and carried to Gregg’s credit, as of date March 10,1896, on Pinckney’s accounts. Another, of $538.22, was received by W. E. Huger, receiver of C.. C.'Pinckney, in this case. The receiver, W. E. Huger, reports this fact to the court, and that Chisolm, executor, had claimed it as part óf his testator’s estate. But, inasmuch as Pinck-ney’s books showed Gregg to be a debtor to C. C. Pinckney, the receiver did not feel at liberty to admit the claim of Gregg’s executor, and asks the instruction of the court thereon. William Gregg died in 1895, and 'Caspar A. Chisolm qualified as executor on his will in March, 1895. He now intervenes in this cause by applying to the receiver for all dividends paid to him from the Etiwan Company through its receiver; that is to say, the $2,312.71 and the $538.22. If I am to be governed by the accounts filed in the report of the special master filed February 21, 1900, reporting upon this application of Chis-olm, executor of Gregg, and the action of Mr. Huger, receiver, thereon, there can be no doubt of the right of Gregg’s executor to the last dividend. Exhibit D shows a balance of account in favor of Gregg’s estate. This being so, all indebtedness by Gregg’s estate to Pinckney’s estate was closed when the dividend was received, and this dividend belongs to Gregg’s estate. The question, then, is as to the charge against Gregg for the engine and plant at Price’s landing. The sale of this by Pinckney to Gregg was in 1887. It is admitted in a memorandum of Gregg without date, and-no date is proved. It is probable that it was made in 1887,