Estate of Jamison & Co.
Supreme Court of Pennsylvania
Appeals, Nos. 376, 410, 437, 438, by Henry K. Boyer, trustee, R. K. Dow, David Beam and Thomas Y. Cooper, from order of C. P. No. 3, Pliila. Co., Dec.
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Appeals, Nos. 376, 410, 437, 438, by Henry K. Boyer, trustee, R. K. Dow, David Beam and Thomas Y. Cooper, from order of C. P. No. 3, Pliila. Co., Dec. T., 1890, No. 270, on exceptions to auditor’s report distributing assigned estate of B. K. Jamison & Co. Exceptions to auditor’s report, distributing assigned estate of B. K. Jamison & Co. From the report of the auditor, Henry D. Paxson, Esq., it appeared that, on June 14, 1890, Henry K. Boyer, state treasurer, deposited with B. K. Jamison & Co. a large amount of .state funds. The firm gave him two bonds and warrants of attorney, one in which…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
I. The main question is whether appellant, having a judgment against the partnership, and also a separate judgment against the individual partners for the same debt, is entitled to a dividend on each out of its respective estate.
It-is settled that a creditor of an assigned estate is entitled to a dividend on the full amount of his debt at the date of the assignment, notwithstanding he has collateral security of any kind on which he has, or may hereafter receive a partial payment of his debt: Morris v. Olwine, 22 Pa. 441; Patten’s Appeal, 45 Pa. 151; Brough’s…
2Cases cited12 opinions
- Miller's AppealSupreme Court of Pennsylvania · 1860
- Dean & Son's AppealSupreme Court of Pennsylvania · 1881
- Patten's AppealSupreme Court of Pennsylvania · 1863
- Morris v. OlwineSupreme Court of Pennsylvania · 1854
- Brough's EstateSupreme Court of Pennsylvania · 1872
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- United Security Trust Company CaseSupreme Court of Pennsylvania · 1936
- Gervis v. KaySupreme Court of Pennsylvania · 1928
- Emlen's EstateSupreme Court of Pennsylvania · 1939
- Mortgage Building & Loan Ass'n CaseSupreme Court of Pennsylvania · 1939
14 more not listed; retrieve them via the Exa API.