Legal Opinion

Gilbert v. Johnson

Superior Court of Pennsylvania

Decided March 1, 1912No. Appeal, No. 34PublishedCited by 1 opinion

Appeal, No. 34, Oct. T., 1911, by Henrietta Garrecht, from order of C. P. Lancaster Co., Aug. T., 1897, No. 363, discharging rule to remove trustee in case of Edwin M. Gilbert, Trustee, v. J. W. Johnson. Rule to remove trustee. Before Landis, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was order discharging rule to remove trustee.

1Opinion of the Court

Opinion by

Morrison, J.,

From the petitions, answers and writings attached thereto, and the conceded facts, we gather the following: On or prior to November 1, 1897, J. W. Johnson, the defendant, was attorney for Henrietta Gerracht, the petitioner, and he borrowed from her the sum of $1,400, and gave as security therefor a judgment bond, dated November 1, 1897, drawn in favor of E. M. Gilbert, Esq., as trustee, without naming the interested party for whom he was trustee. The amount of the bond was $2,800, but the real debt was $1,400. By virtue of the warrant contained in said bond judgment was…

2Cases cited5 opinions

  1. Kellberg's AppealSupreme Court of Pennsylvania · 1878
  2. Marsden's EstateSupreme Court of Pennsylvania · 1895
  3. Myers's EstateSupreme Court of Pennsylvania · 1903
  4. Bryson v. WoodSupreme Court of Pennsylvania · 1898
  5. Lafferty's EstateSupreme Court of Pennsylvania · 1901

3Cited by1 opinion

  1. Tiffany's EstatePennsylvania Orphans' Court, Susquehanna County · 1924

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