Appeals of Fourth National Bank
Supreme Court of Pennsylvania
FROM THE DECREE OE THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 210 October Term 1888, Sup. Ct.; court below, No 740 September Term 1884, C. P. No. 1. On May 31, 1887, the account of I. F. Brainard and Julius Voetter, assignees of Holmes, Lafferty & Co., for the benefit of creditors, was filed, showing a fund for distribution of $25,131.96, and on July 6, 1887, the account having been confirmed absolutely, Mr. W. S. Pier was appointed auditor to report a…
Read the full summary
FROM THE DECREE OE THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 210 October Term 1888, Sup. Ct.; court below, No 740 September Term 1884, C. P. No. 1. On May 31, 1887, the account of I. F. Brainard and Julius Voetter, assignees of Holmes, Lafferty & Co., for the benefit of creditors, was filed, showing a fund for distribution of $25,131.96, and on July 6, 1887, the account having been confirmed absolutely, Mr. W. S. Pier was appointed auditor to report a distribution of said balance to and among creditors. The auditor’s report was filed on February 1, 1888, when the facts upon…
1Opinion of the Court
OpinioN,
Mr. Justice Paxson :
| It was decided in Donley v. Hays, 17 S. & R. 400, that where a number of bonds are secured by a mortgage, and the holder of said bonds had parted with a portion of them, retaining some himself, and the sum realized by a sale of the mortgaged premises was insufficient to pay them all in full, that distribution must be made pro rata. This principle has been recognized and followed in a number of cases, j It is sufficient to mention Mohler’s App., 5 Pa. 418; Perry’s App., 22 Pa. 43; Hancock’s App., 34 Pa. 155; Hodge’s App., 84 Pa. 359. If there were nothing else in…
2Cases cited7 opinions
- Morris's AppealSupreme Court of Pennsylvania · 1879
- Wright & Slingluff v. WigtonSupreme Court of Pennsylvania · 1877
- Worrall's AppealSupreme Court of Pennsylvania · 1862
- Perry's AppealSupreme Court of Pennsylvania · 1853
- Hancock's AppealSupreme Court of Pennsylvania · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Delaware & Hudson Co. v. Boston Railroad Holding Co.Massachusetts Supreme Judicial Court · 1951
- North City Trust Company CaseSupreme Court of Pennsylvania · 1937
- Agricultural Trust & Savings Company's Mortgage Pool CaseSupreme Court of Pennsylvania · 1937
- Louisville Title Co.'s Receiver v. Crab Orchard Banking Co.Court of Appeals of Kentucky (pre-1976) · 1933
- Commercial Bank v. JacksonSouth Dakota Supreme Court · 1895
10 more not listed; retrieve them via the Exa API.