Assigned Estate of Graff, Bennett & Co.
Supreme Court of Pennsylvania
APPEALS BY NEW YORK LIFE INS. CO. ET AL. EROM THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. Nos. 60, 62, October Term 1890, Sup. Ct.; court below, No. 267 April Term 1888, C. P. No. 2. On August 31, 1889, Mr. John H. Bailey, assignee for the benefit of creditors of Graff, Bennett & Co., having filed his second and final account, the court below appointed Mr. J. II. Miller auditor, to report a schedule of distribution of the fund in the hands of the accountant.
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APPEALS BY NEW YORK LIFE INS. CO. ET AL. EROM THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. Nos. 60, 62, October Term 1890, Sup. Ct.; court below, No. 267 April Term 1888, C. P. No. 2. On August 31, 1889, Mr. John H. Bailey, assignee for the benefit of creditors of Graff, Bennett & Co., having filed his second and final account, the court below appointed Mr. J. II. Miller auditor, to report a schedule of distribution of the fund in the hands of the accountant. The auditor subsequently reported, finding in substance the following facts: The firm of Graff, Bennett & Co., executed a…
1Opinion of the Court
OPINION,
Mu. Justice Mitchell :
The group of creditors, called for convenience the syndicate, bought in the property for $25,050, subject to mortgages representing real debts of $403,000 and $65,000, respectively. By this purchase they agreed, in effect, to pay $493,050 for the property, and if the sale had been for cash, that sum would have come to the assignee, out of which the present appellants would have taken the amounts of their mortgages, and the other creditors would have had the $25,050 and the subsequent fund of $185,464.50 for payment of their claims. But the mortgagees, appellants,…
2Cases cited5 opinions
- Fleming v. BeaverSupreme Court of Pennsylvania · 1828
- Appeal of DrennanSupreme Court of Pennsylvania · 1888
- Milligan's AppealSupreme Court of Pennsylvania · 1883
- Gossin v. BrownSupreme Court of Pennsylvania · 1849
- Lathrop's AppealSupreme Court of Pennsylvania · 1845
3Cited by8 opinions
- United Security Trust Company CaseSupreme Court of Pennsylvania · 1936
- Stofflett v. KressSupreme Court of Pennsylvania · 1941
- Order of Solon ex rel. Dulany v. GuntherSuperior Court of Pennsylvania · 1898
- Hill v. DennistonSupreme Court of Pennsylvania · 1900
- Black's EstatePennsylvania Orphans' Court, Philadelphia County · 1940
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