Dushane v. Beall
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF PENNSYLVANIA. This was a garnishee proceeding in the Court of Common Pleas for Fayette County, Pennsylvania.
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ERROR TO THE SUPREME COURT OF THE STATE OF PENNSYLVANIA. This was a garnishee proceeding in the Court of Common Pleas for Fayette County, Pennsylvania. The record of that court shows the issue in favor of Alpheus Beall, on a judgment recovered by him against Abraham O. Tinstman, of an attachment execution, dated June 9, 1888, and service thereof accepted by the Pittsburgh and Connellsville Kailroad Company, as garnishee, June 15, 1888. August 10, 1888,' McCullough, assignee in bankruptcy, appeared in the garnishment proceeding and participated in the choice of arbitrators, who made an award…
1Opinion of the CourtChief Justice Fuller
We concur with the Supreme Court of Pennsylvania that the limitation of § 5057 of the Revised Statutes did not apply. That limitation is applicable only to suits growing out of disputes in respect of property and of rights of property of the bankrupt which came to the hands of the assignee, to which :adverse claims existed while in the hands of the bankrupt and before assignment. In re Conant, 5 Blatchford, 54; Clark v. Clark, 17 How. 315, 321; Phelps v. McDonald, 99 U. S. 298, 306 ; French v. Merrill, 132 Mass. 525.
It is well settled that assignees in bankruptcy are not bound to accept…
2Cases cited12 opinions
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- Quincy, Missouri & Pacific Railroad v. HumphreysSupreme Court of the United States · 1892
- Glenny v. LangdonSupreme Court of the United States · 1878
- Phelps v. McDonaldSupreme Court of the United States · 1879
- Sparhawk v. YerkesSupreme Court of the United States · 1891
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3Cited by87 opinions
- Stanley v. SchwalbySupreme Court of the United States · 1896
- Lowendahl v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1936
- Brown v. O'KEEFESupreme Court of the United States · 1937
- First National Bank of Jacksboro v. LasaterSupreme Court of the United States · 1905
- In the Matter of Mack L. Killebrew and Delores B. Killebrew, Debtors. Mack L. Killebrew and Delores B. Killebrew v. Charles A. BrewerCourt of Appeals for the Fifth Circuit · 1989
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