Legal Opinion

Mann v. Wakefield

Superior Court of Pennsylvania

Decided July 28, 1899No. Appeal, No. 70PublishedCited by 8 opinions

Appeal, No. 70, April T., 1899, by Mary Youngk, from decree of C. P. No. 1, Allegheny Co., March Term, 1896, No. 343, in distribution of funds in the hands of assignee for the benefit of creditors. Opinion by Orlady, J. Exceptions to auditor’s report. Before the court in banc. It appears from the record that a preference had been declared on the general assignment.

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Appeal, No. 70, April T., 1899, by Mary Youngk, from decree of C. P. No. 1, Allegheny Co., March Term, 1896, No. 343, in distribution of funds in the hands of assignee for the benefit of creditors. Opinion by Orlady, J. Exceptions to auditor’s report. Before the court in banc. It appears from the record that a preference had been declared on the general assignment. See Mann, Moon & Co. v. Wakefield, 179 Pa. 398. An auditor was appointed to prepare a scheme of distribution from the account of the assignee, and he allowed the claim of the attorney through whose services the preference had been…

1Opinion of the Court

Opinion by

Orlady, J.,

Trembly & Company, being insolvent, on June 11,1895, executed and delivered an instrument under seal which was intended to prefer two of their creditors, and the trustee named therein took possession of the assets of the firm, collected outstanding accounts which were due and owing, and completed certain dwelling houses which were at that time in an unfinished *21condition. At the instance of a general creditor of the insolvent firm, proceedings were instituted to have the writing declared an assignment for the benefit of all creditors, which resulted in the Supreme Court…

2Cases cited5 opinions

  1. Weed's EstateSupreme Court of Pennsylvania · 1894
  2. Schwartz v. Keystone Oil Co.Supreme Court of Pennsylvania · 1894
  3. Shaffer v. Spangler, Pennsylvania Court of Common Pleas, York County1891
  4. Hays's EstateSupreme Court of Pennsylvania · 1893
  5. Mann v. WakefieldSupreme Court of Pennsylvania · 1897

3Cited by8 opinions

  1. Almi, Inc. v. Dick Corp.Commonwealth Court of Pennsylvania · 1977
  2. Flood AppealSuperior Court of Pennsylvania · 1955
  3. Zinsser Ex Rel. Thompson v. ZinsserSuperior Court of Pennsylvania · 1924
  4. Cain v. Hockensmith Wheel & Car Co.U.S. Circuit Court for the District of Western Pennsylvania · 1907
  5. Smaltz' Trust EstateSuperior Court of Pennsylvania · 1940

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