Dickson & Company's Assigned Estate
Supreme Court of Pennsylvania
Appeal, No. 293, Oct. T., 1894, by assignee for creditors, from order of O. P. Allegheny Co., March T., 1890, No. 789, overruling exceptions to auditor’s report. Exceptions to report of auditor on account of assignee for the benefit of creditors. The case was referred to G. W. Williams, Esq., as auditor.
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Appeal, No. 293, Oct. T., 1894, by assignee for creditors, from order of O. P. Allegheny Co., March T., 1890, No. 789, overruling exceptions to auditor’s report. Exceptions to report of auditor on account of assignee for the benefit of creditors. The case was referred to G. W. Williams, Esq., as auditor. The facts appear by the following opinion of the court below: “ On Feb. 21, 1890, Dickson & Co. executed and delivered to Frank P. Bell a deed of voluntary assignment for the benefit of creditors, which was accepted the same day and was after-wards duly recorded. Prior to making this…
1Opinion of the Court
Per Curiam,
In his opinion disposing of exceptions to the first report of the auditor in this case, the learned judge held that the assignment by Dickson & Co. of their book accounts to W. A. Schmidt, executed within an hour before their general assignment to appellant, was in effect a voluntary assignment for the benefit of creditors, which, in the circumstances and under the provisions of the act of April 17, 1843, P. L. 273, enured to the benefit of all the creditors of appellant’s assignors. Said act declares : “ That all assignments of property in trust, which «hall hereafter be made bjr…
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