Hurley v. Ashbridge
Superior Court of Pennsylvania
Appeal, No. 187, Oct. T., 1912, by defendant, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1911, No. 4,497, for plaintiff on case stated in suit of Patrick J. Hurley v. A. S. Ashbridge, Jr. Case stated to determine whether Patrick J. Hurley was entitled to receive payment in preference to general creditors. the amount of certain promissory notes out of the proceeds of the sale of certain real estate belonging to Robert G. Caldwell.
Read the full summary
Appeal, No. 187, Oct. T., 1912, by defendant, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1911, No. 4,497, for plaintiff on case stated in suit of Patrick J. Hurley v. A. S. Ashbridge, Jr. Case stated to determine whether Patrick J. Hurley was entitled to receive payment in preference to general creditors. the amount of certain promissory notes out of the proceeds of the sale of certain real estate belonging to Robert G. Caldwell. The case turned upon the following agreement in writing: “Whereas, Robert G. Caldwell executed and delivered to P. J. Hurley his four promissory notes, all…
1Opinion of the Court
Opinion by
Head, J.,
The plaintiff’s right to the judgment he obtained rests on his claim that he had an equitable assignment of or an equitable lien upon the fund for distribution. If he had such assignment or lien, it must have been created by the agreement in writing entered into by him and Caldwell, the owner of the property, the sale of which produced the fund. Before attempting to interpret the language of that instrument, a chancellor would naturally have before him the circumstances under which the agreement was made and the existing conditions at the time. Hurley was a creditor of…
2Cases cited3 opinions
- Patten v. WilsonSupreme Court of Pennsylvania · 1859
- Collins's AppealSupreme Court of Pennsylvania · 1883
- East Lewisburg Lumber & Manufacturing Co. v. MarshSupreme Court of Pennsylvania · 1879
3Cited by12 opinions
- Sundheim v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1933
- American Surety Co. of New York v. FinletterCourt of Appeals for the Third Circuit · 1921
- First N. Bk. of Bangor v. Bangor Tr. Co.Supreme Court of Pennsylvania · 1929
- Arkwright Mutual Insurance Co. v. Bargain City, USA, Inc.District Court, E.D. Pennsylvania · 1966
- United States Fidelity & Guaranty Co. v. City of BristowDistrict Court, E.D. Oklahoma · 1925
7 more not listed; retrieve them via the Exa API.