77 Pa. Super. 162 | Pa. Super. Ct. | 1921
Opinion by
The plaintiff brings this action to recover the money which came into the hands of the defendants in the following circumstancés. The George Webster Lumber Co., in January, 1915, sent to the defendants an order for a carload of maple lumber, enclosing a check for $400, designating it “as advance payment on car.” “With the understanding that you return us check promptly to cover the difference, if any, between the net amount of your invoice and this check for $400.” The defendants
The affidavit of defense averred that at the time the bankrupt paid to them the $400 for the specific purpose stated in its letter, with which purpose the defendants undertook to comply, the George Webster Lumber Co., the bankrupt, was really indebted to the defendants in the sum of $577.37 and that the amount for which they filed their proof of claim against the bankrupt estate was only the balance remaining after applying the $400, received for another purpose, on account of the general indebtedness of the bankrupt to the defendants. The remitting of the $400 by the George Webster Lumber Co. to the defendants, to be applied by the latter according to specific instructions, did not make the defendants the debtors of the bankrupt, but its trustees. The defendants did not beaome creditors of the bankrupt in that transaction, within the meaning of the Bankrupt Act. The indebtedness was all on the side of the George Webster Lumber Co. These defendants owed that company nothing. They held this money in trust to apply as by
The summary and informal procedure provided by the Bankrupt Act, for the proof and allowance of claims, which must be ex parte, unless some creditors or other interested person happens to object, lends no color to the argument that a trustee is so far bound by a judgment of allowance as to be estopped from afterwards suing a claimant to avoid a preference, or recover property of the bankrupt deposited upon a special trust: Buder v. Columbia Distilling Co., 70 Southwestern 508; Utah Association of Credit Men v. Boyle Furniture Co., 117 Pacific Rep. 800; Stearns Salt & Lumber Co. v. Hammond, 217 Federal Rep. 559. It is the essence of the doctrine of res adjudicata that the proposition respecting which it is invoked be adjudicated either expressly or by necessary implication. “Neither the judgment of a concurrent nor exclusive jurisdiction is evidence of any matter which came collaterally in question, though within the jurisdiction; nor of any matter incidentally cognizable; nor of any matter to be inferred by argument from the judgment”: Cavanaugh v. Buehler, 120 Pa. 457. The record upon which the defendants rely as a bar to the present action does not disclose that the matter here involved came in question even collaterally. The defendants may in that proceeding, if the allegations of their affidavit of defense are true, have proved a claim against the estate of the bankrupt in an amount less than the debt really due them, but, if so, they carefully kept out of the record any suggestion of the manner in which they had arrived at the balance they alleged to be due.
The judgment is affirmed.