Wickersham v. Nicholson
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Philadelphia county. This aetion was originally commenced before an alderman by Thomas Wichersham, trustee of Peter Pollin, an insolvent debt- or, against Joseph I. Nicholson, the defendant in error, and removed to the Court of Common Pleas by appeal. A declaration in assumpsit containing several counts -was filed, to which the defendant pleaded non assumpsit and payment.
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IN ERROR. Error to the Court of Common Pleas of Philadelphia county. This aetion was originally commenced before an alderman by Thomas Wichersham, trustee of Peter Pollin, an insolvent debt- or, against Joseph I. Nicholson, the defendant in error, and removed to the Court of Common Pleas by appeal. A declaration in assumpsit containing several counts -was filed, to which the defendant pleaded non assumpsit and payment. It was afterwards agreed by the counsel on both sides, that a special verdict should be entered in favour of. the plaintiff for the sum of thirty-seVen dollars and forty-five…
1Opinion of the Court
The opinion of the court was delivered by
Duscan, J.
The only question is, whether payment to an insolvent debtor the day after his discharge and assignment, be good. The property of an insolvent debtor passes to the trustee immediately on the assignment, at the moment of assignment. Lessee of Willis v. Row, 3 Yeates, 520. In the assignment of bonds, payment before notice to the obligor, of the assignment by the obligee, is good. The assignment operates as a new contract between the obligor and assignee, commencing upon notice of the assignment. Bury, Assignee of Binkley, v. Hartman, 4 Serg. &…
2Cases cited1 opinion
- Lessee of Willis v. RowSupreme Court of Pennsylvania · 1803
3Cited by2 opinions
- Power v. HollmanSupreme Court of Pennsylvania · 1834
- Bellas v. M'CartySupreme Court of Pennsylvania · 1840