Legal Opinion

East Side Bank v. Columbus Tanning Co.

Supreme Court of Pennsylvania

Decided July 18, 1895No. Appeal, No. 165PublishedCited by 9 opinions

Appeal, No. 165, Jan. T., 1895, by the Chautauqua County National Bank, from order of C. P. Warren Co., Sept. T., 1893, No. 21, distributing proceeds of sheriff’s sale. Exceptions to auditor’s report distributing a fund raised by sheriff’s sale of real and personal property. From the record it appeared that the Columbus Tanning Company is a corporation of the state of New York, and the East Side Bank a banking corporation, organized under the laws of New York.

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Appeal, No. 165, Jan. T., 1895, by the Chautauqua County National Bank, from order of C. P. Warren Co., Sept. T., 1893, No. 21, distributing proceeds of sheriff’s sale. Exceptions to auditor’s report distributing a fund raised by sheriff’s sale of real and personal property. From the record it appeared that the Columbus Tanning Company is a corporation of the state of New York, and the East Side Bank a banking corporation, organized under the laws of New York. All of the property real and personal of the Columbus Tanning Company is situated in Warren county. On Aug. 24, 1893, a note, with…

1Opinion of the Court

Opinion by

Mr. Justice Fell,

The appeal in this case presents two questions. The first relates to the validity of the judgment under which the defendant’s property was sold and the right of the appellant to raise the question in the proceeding before the auditor; the second to the rights of the creditors of a corporation in the distribution of the fund arising from the sale of its property by the sheriff. Both questions were correctly decided by the learned judge of the common pleas. The second arises out of a state of facts substantially the same as those in Roy’s Appeal, No. 113, January…

2Cited by9 opinions

  1. Washington-Alaska Bank v. Dexter Horton Nat. BankCourt of Appeals for the Ninth Circuit · 1920
  2. Smith v. Altoona & Philipsburg Connecting RailroadSupreme Court of Pennsylvania · 1897
  3. Buffalo Refrigerating Mach. Co. v. Penn Heat & Power Co.Court of Appeals for the Third Circuit · 1910
  4. Margo v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906
  5. In re Naylor Mfg. Co.District Court, E.D. Pennsylvania · 1905

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