Mellon's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Allegheny county. This was an appeal by Thomas Mellon, assignee of William Larimer, Jr., from the decree of the court below, distributing the fund in his hands. On the 6th January 1855, William Larimer, Jr., made a general assignment of all his estate, to the appellant, in trust for the benefit of his creditors.
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Appeal from the Common Pleas of Allegheny county. This was an appeal by Thomas Mellon, assignee of William Larimer, Jr., from the decree of the court below, distributing the fund in his hands. On the 6th January 1855, William Larimer, Jr., made a general assignment of all his estate, to the appellant, in trust for the benefit of his creditors. On the 31st January 1857, the trustee filed his account in the court below, which, after confirmation, was referred to auditors, to report distribution. Before the auditors, Peter P. Demarest claimed to be a creditor of the assignor, to the amount of…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J. —
The auditors having admitted Peter P. Demarest to a pro rata share in the fund in the assignee’s hands, and having reported that the debt due to John Gilkey was entitled to full payment, the court below confirmed their report and decreed distribution accordingly. From this decree the assignee has appealed; and the appeal presents two questions: first, whether there was any debt due from the assignor to Peter P. Demarest, which is entitled to a share of the fund assigned; and secondly, whether the claim of John Gilkey was a lien upon the…
2Cases cited7 opinions
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- Love v. JonesSupreme Court of Pennsylvania · 1835
- Manufacturers' & Mechanics' Bank v. Bank of PennsylvaniaSupreme Court of Pennsylvania · 1844
- Twelves v. WilliamsSupreme Court of Pennsylvania · 1838
- Vandyke v. ChristSupreme Court of Pennsylvania · 1844
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hand's EstateSupreme Court of Pennsylvania · 1927
- English v. RossDistrict Court, M.D. Pennsylvania · 1905
- Assigned Est. of Graff, Bennett & Co., Pennsylvania Court of Common Pleas, Alleghany County1892
- Girard Trust Co. v. BairdSupreme Court of Pennsylvania · 1905
- In re LukensDistrict Court, E.D. Pennsylvania · 1905
10 more not listed; retrieve them via the Exa API.