Wager v. Miller
Supreme Court of Pennsylvania
CASE stated for the opinion of the Court. On the 30th June, 1808, William Miller, the defendant, assigned to James Ash and Abraham Garrigues, all his estate, real, personal, and mixed, for the use of his creditors.
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CASE stated for the opinion of the Court. On the 30th June, 1808, William Miller, the defendant, assigned to James Ash and Abraham Garrigues, all his estate, real, personal, and mixed, for the use of his creditors. In this assignment was included, a quantity of household furniture, of which the assignees never took possession, but the same remained m tne possession oí the said William1^ Müller, and was used by him in his dwelling-house, as his own goods, until the levying of the execution hereinafter mentioned. • At the Term of March, 1816, Peter Wager and William J. Baker, executors of…
1Opinion of the Court
The opinion of the Court was delivered by
Tjxghman C. J.
The plaintiffs, who are the executors of Philip Wager, deceased, levied on a quantity of household furniture in. possession of the defendant, by virtue of a fieri facias issued upon a judgment obtained against him for a debt due to the said Philip Wager. The defendant does not claim the property as his own, but says, that he holds it for those persons to whom-he assigned it in trust for his creditors, when he was discharged by virtue of an insolvent act passed the 26th March, 1808, so that the dispute is in fact between those assignees…
2Cases cited2 opinions
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- Cairns & Lord v. SmithNew York Supreme Court · 1811