Morris's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1878, No. 209. In Equity. This was the appeal of Henry G. Morris and 0. E. Morris, his assignee, from the decree of the court enjoining said assignee from selling or removing from the Southwark Foundry the machinery, fixtures and property mentioned in a catalogue of sale issued by said assignee.
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Appeal from the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1878, No. 209. In Equity. This was the appeal of Henry G. Morris and 0. E. Morris, his assignee, from the decree of the court enjoining said assignee from selling or removing from the Southwark Foundry the machinery, fixtures and property mentioned in a catalogue of sale issued by said assignee. The bill was filed against appellants by John Vaughan Merrick, William Henry Merrick and John Edmund Cope. It is admitted by the pleadings that the plaintiffs, by deed dated the 31st December 1870, granted to the…
1Opinion of the CourtJustice Mtcecub
The appellant is an assignee in trust for’the benefit of creditors. He is, therefore, the mere representative of his assignor, enjoying his rights only, and is bound where he would be bound: Wright et al. v. Wigton, 3 Norris 163.
The contention here is to be considered solely as between Henry G. Morris, assignor, of the one part, and the appellees of the other part. No rights of subsequent purchasers or of creditors are involved. The main question is, whether the parties to the mortgage, at the time of its execution, intended it to cover the property now in controversy. The master found they…
2Cases cited2 opinions
- Voorhis v. FreemanSupreme Court of Pennsylvania · 1841
- Bertsch v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1833
3Cited by26 opinions
- Titus v. Poland Coal Co.Supreme Court of Pennsylvania · 1923
- United Laundries, Inc. v. Board of Property AssessmentSupreme Court of Pennsylvania · 1948
- Vail v. WeaverSupreme Court of Pennsylvania · 1890
- Bullock Electric Manufacturing Co. v. Lehigh Valley Traction Co.Supreme Court of Pennsylvania · 1911
- FIRST NAT. BK. OF MT. CARMEL v. ReichnederSupreme Court of Pennsylvania · 1952
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