LaBarre v. Doney
Superior Court of Pennsylvania
Appeal, No. 27, March T., 1913, by plaintiff, from order of C. P. Luzerne Co., Oct. Term, 1912, No. 966, dissolving attachment in case of La-Barre & Company v. W. H. Doney and G. B. Kleeman, Trustee, Garnishee, and David Rosenthal, Assignee, intervening defendant and appellee. Petition by David Rosenthal to intervene and to have the attachment execution dissolved. The case was submitted to Garman, J., for his decision upon facts agreed upon.
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Appeal, No. 27, March T., 1913, by plaintiff, from order of C. P. Luzerne Co., Oct. Term, 1912, No. 966, dissolving attachment in case of La-Barre & Company v. W. H. Doney and G. B. Kleeman, Trustee, Garnishee, and David Rosenthal, Assignee, intervening defendant and appellee. Petition by David Rosenthal to intervene and to have the attachment execution dissolved. The case was submitted to Garman, J., for his decision upon facts agreed upon. Garman, J., filed the following opinion: W. H. Doney was indebted to LaBarre & Co., for rentals reserved by a written lease containing a waiver of the…
1Opinion of the Court
Per Curiam,
It is argued that the assignment to the appellee, David Rosenthal, was of no validity because by reason of the pendency of exceptions to the exemption Doney had no interest in the fund which he could assign. It seems to us that this objection would apply with equal, if not greater force to the attachment. But as we view the agreement under which the assignee of the fund and the attaching creditor submitted the controversy between them to the common pleas, both must be deemed to have proceeded on the theory that the fund had been set apart to the bankrupt under his exemption claim…
2Cases cited6 opinions
- Phillips's EstateSupreme Court of Pennsylvania · 1903
- Hemphill v. YerkesSupreme Court of Pennsylvania · 1890
- Phillips's EstateSupreme Court of Pennsylvania · 1903
- Noble v. Thompson Oil Co. ex rel. BrownSupreme Court of Pennsylvania · 1875
- Jarecki Manufacturing Co. v. Hart Bros.Superior Court of Pennsylvania · 1897
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