Smith v. Rapp
Superior Court of Pennsylvania
Appeal, No. 2, April T., 1919, by plaintiff, from order of C. P. Indiana Co., September T., 1915, No. 38, distributing money paid to the sheriff in the case of Sherman Smith v. J. A. Rapp, Linus M. Lewis, Trustee in Bankruptcy, defendants. Exceptions to auditor’s report. Before Langham, P. J. The facts are stated in the opinion of the Superior Court. The court sustained the exceptions and awarded the money, paid into court, to the trustee in bankruptcy of the defendant.
Read the full summary
Appeal, No. 2, April T., 1919, by plaintiff, from order of C. P. Indiana Co., September T., 1915, No. 38, distributing money paid to the sheriff in the case of Sherman Smith v. J. A. Rapp, Linus M. Lewis, Trustee in Bankruptcy, defendants. Exceptions to auditor’s report. Before Langham, P. J. The facts are stated in the opinion of the Superior Court. The court sustained the exceptions and awarded the money, paid into court, to the trustee in bankruptcy of the defendant. Plaintiff appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Williams, J.,
The court below states the facts as follows: January 26, 1915, Rapp executed a judgment note to the order of Smith for the sum of $300; March 20, 1915, Smith entered the note in the court of common pleas, to No. 77, June Term, 1915; July 2, 1915, Smith caused a writ of fi. fa. to No. 38, September Term, 1915, to be issued on said judgment against Rapp; July 6, 1915, Rapp secured from the First National Bank of Indiana, Pennsylvania, upon a note endorsed by Bennett, a sum of money, of which he gave $285 to Shawfield, with instructions to pay the same to the sheriff to be…
2Cases cited1 opinion
- Rudy v. CommonwealthSupreme Court of Pennsylvania · 1860