Erwin's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of York county. This was an appeal by Peter Erwin from the decree of the court below, distributing the proceeds of the sheriff’s sale of the real estate of Henry Imhoff and Jacob Myers, doing business as Imhoff & Myers. Imhoff & Myers were partners, engaged in the business of distilling whiskey and feeding stock in York county, having commenced some time in 1840, at which time they purchased a lot, on which they erected their distillery.
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Appeal from the Common Pleas of York county. This was an appeal by Peter Erwin from the decree of the court below, distributing the proceeds of the sheriff’s sale of the real estate of Henry Imhoff and Jacob Myers, doing business as Imhoff & Myers. Imhoff & Myers were partners, engaged in the business of distilling whiskey and feeding stock in York county, having commenced some time in 1840, at which time they purchased a lot, on which they erected their distillery. On the 3d of April 1848, Myers purchased an adjoining lot for the use of' the firm in their business. The deed was taken in the…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
The fund for distribution arises out of the sale of a lot, the legal title of which was in Jacob Myers, one of the partners in the firm of Imhoff & Myers. It was purchased and paid for with the money of' the firm, and it was used by the firm until the time of the sheriff’s sale. The auditor has found, how*537ever, that it was “not necessary for the partnership purposes,” and, therefore, relying upon Coder v. Huling, 3 Casey 84, he has distributed one-half of the proceeds of the sale to a judgment-creditor of Imhoff in preference to'junior…
2Cases cited1 opinion
- Hale v. HenrieSupreme Court of Pennsylvania · 1834
3Cited by10 opinions
- Savings & Loan Corp. v. BearSupreme Court of Virginia · 1930
- Burgwyn v. JonesSupreme Court of Virginia · 1912
- Magen v. NeimanSupreme Court of Pennsylvania · 1930
- Warriner v. Mitchell, Pennsylvania Court of Common Pleas, Bradford County1889
- Cundey v. HallSupreme Court of Pennsylvania · 1904
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