Legal Opinion

John Curtis & Co. v. Olds

Supreme Court of Pennsylvania

Decided July 3, 1915No. Appeal, No. 396PublishedCited by 11 opinions

Appeal, No. 396, January T., 1914, by defendants, from decree of C. P. Luzerne Co., March T., 1912, No. 5, in equity, for plaintiffs, awarding an injunction and requiring defendants to pay plaintiffs’ claim from the proceeds of certain property held by defendants’ in case of John Curtis and Harry G. Pethick, trading and doing business as Curtis & Co., and Joseph G. Schuler, trading and doing business as Schuler Bros., v. Mary T. Olds, John A. Redington and the Miners Bank of…

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Appeal, No. 396, January T., 1914, by defendants, from decree of C. P. Luzerne Co., March T., 1912, No. 5, in equity, for plaintiffs, awarding an injunction and requiring defendants to pay plaintiffs’ claim from the proceeds of certain property held by defendants’ in case of John Curtis and Harry G. Pethick, trading and doing business as Curtis & Co., and Joseph G. Schuler, trading and doing business as Schuler Bros., v. Mary T. Olds, John A. Redington and the Miners Bank of Wilkes-Barre, Pa. Bill in equity by a creditor to compel payment of its claim from property in the hands of defendants.…

1Opinion of the Court

Opinion by

Mr. Justice Potter,. In this case-the defendant, Mary T. Olds, denied the right of the plaintiffs, to file a creditor’s bill to enforce collection from property standing in her name by gift from her husband, of claims contracted for the improvement of the property, on the faith of statements made by the husband, .as to. his ownership, which were false, but *322were made without intent to defraud. She contends that as plaintiffs had the right to file mechanic’s liens, and had also the right to sue the débtor in assumpsit, they were not without a remedy at law, adequate and complete. The…

2Cases cited11 opinions

  1. Allison's AppealSupreme Court of Pennsylvania · 1875
  2. Fowler v. KingsleySupreme Court of Pennsylvania · 1878
  3. Nance v. NanceSupreme Court of Alabama · 1887
  4. Houseman v. GrossmanSupreme Court of Pennsylvania · 1896
  5. National Valley Bank v. HancockSupreme Court of Virginia · 1902

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. American Trust Co. v. KaufmanSupreme Court of Pennsylvania · 1923
  2. Buckwalter Stove Co. v. EdmondsSupreme Court of Pennsylvania · 1925
  3. Wally v. WallySupreme Court of Pennsylvania · 1926
  4. United States v. SchofieldDistrict Court, E.D. Pennsylvania · 1957
  5. Fisher EstatePennsylvania Orphans' Court, Philadelphia County · 1962

6 more not listed; retrieve them via the Exa API.

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