McCanna & Fraser Co. v. Continental Hotel Co.
Supreme Court of Pennsylvania
Appeal, No. 397, Jan. T., 1915, by plaintiff, from final order of C. P. No. 2, Philadelphia Co., Sept. T., 1913, No. 3644, discharging rules to show cause why a fund realized from a sheriff’s sale should not be paid into court, in case of McCanna & Fraser Company, Incorporated, y. Continental Hotel Company, Incorporated. Assumpsit for goods sold and delivered. Rules to show cause why a fund realized from a sheriff’s sale should not be paid into court.
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Appeal, No. 397, Jan. T., 1915, by plaintiff, from final order of C. P. No. 2, Philadelphia Co., Sept. T., 1913, No. 3644, discharging rules to show cause why a fund realized from a sheriff’s sale should not be paid into court, in case of McCanna & Fraser Company, Incorporated, y. Continental Hotel Company, Incorporated. Assumpsit for goods sold and delivered. Rules to show cause why a fund realized from a sheriff’s sale should not be paid into court. Before Sulzberger, P. J. The opinion of the Supreme Court states tlie facts. The court discharged the rules. Plaintiff appealed. Error assigned…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The same goods and chattels were levied upon by the sheriff and sold under two writs of fi. fa. on judgments against different defendants. The earlier of the two writs directed a levy upon the goods and chattels of Frank Evans, trading as Continental Hotel, defendant; the later directed a levy upon the goods and chattels of the Continental Hotel Co., Inc., defendant. The return of the sheriff as to the earlier writ was, “Levied April 28, 1915, upon the goods and chattels of the within named defendant, and afterwards, to wit, June 15,1915, I sold the same for' the…
2Cases cited2 opinions
- Franklin Township ex rel. Norton v. OslerSupreme Court of Pennsylvania · 1879
- Dewoody v. DewoodySupreme Court of Pennsylvania · 1893
3Cited by1 opinion
- Shellhamer v. GreySupreme Court of Pennsylvania · 1986