Brough's Estate
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Franklin county: No. 52, to. May Term 1872. In the distribution of the estate of Peter Brough, of Chambers-burg, assigned to Samuel E. Greenawalt and Jeremiah Diehl, for the benefit of creditors.
Read the full summary
Appeal from the decree of the Court of Common Pleas of Franklin county: No. 52, to. May Term 1872. In the distribution of the estate of Peter Brough, of Chambers-burg, assigned to Samuel E. Greenawalt and Jeremiah Diehl, for the benefit of creditors. Brough being in debt to Howard Hinchman, of Philadelphia, to the amount of $14,951.59, and being pressed by him to have the indebtedness secured, gave to Hinchman, on the 24th of October 1868, a negotiable note, endorsed by Samuel E. Greenawalt, Michael Harglerode and John Montgomery, for $5000, payable in ninety days; also a single bill, drawn…
1Opinion of the Court
The opinion of the court was delivered, by
Williams, J.
It is clear that, under the law as settled in Miller’s Appeal, 11 Casey 481, and reaffirmed in Patten’s Appeal, 9 Wright 151, and in Bair & Shenk’s Appeal, 19 P. F. Smith 272, Howard Hinchman was entitled to a dividend on the whole balance of his account as it stood at the date of the assignment. What the amount of the actual balance was, depends on the fact whether he took the Brough note for $5000, and the Gabley note for $5200, as collateral security, or as absolute payment of so much of his account. The auditor and the court below have…
2Cited by8 opinions
- Estate of Jamison & Co.Supreme Court of Pennsylvania · 1894
- Commonwealth Ex Rel. Schnader v. National Surety Co.Supreme Court of Pennsylvania · 1944
- First Nat'l. Bk., to Use v. Getty, Exrx.Superior Court of Pennsylvania · 1935
- Chambersburg Trust Co. v. AlexanderSuperior Court of Pennsylvania · 1931
- Peckham's Assigned EstateSuperior Court of Pennsylvania · 1908
3 more not listed; retrieve them via the Exa API.