Wallace & Krebs v. Wainwright & Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Qlearfield county: Of May Term 1878, No. 112. This was a feigned issue tried upon the plea of payment, to determine the right to certain claims and judgments originally the property of John Irvin and of John Irvin & Brothers.' The following facts appeared: John Irvin and John Irvin & Brothers were lumber dealers, in Clearfield county, and in June 1877, were largely in debt.
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Error to the Court of Common Pleas of Qlearfield county: Of May Term 1878, No. 112. This was a feigned issue tried upon the plea of payment, to determine the right to certain claims and judgments originally the property of John Irvin and of John Irvin & Brothers.' The following facts appeared: John Irvin and John Irvin & Brothers were lumber dealers, in Clearfield county, and in June 1877, were largely in debt. Wallace & Krebs, a firm of attorneys at Clearfield, represented a considerable number of creditors and were endeavoring to collect their claims. Upon June 19th, the following…
1Opinion of the CourtJustice Woodward
On the 20th of June 1877, an instrument was executed by John Irvin & Brothers and John Irvin individually, in order to secure certain designated creditors, some thirty in number, who held claims against the firm. After reciting an indebtedness in sums not definitely ascertained, and the inability of the firm to satisfy the creditors by a payment in money, the instrument contained this concluding clause: “For value received, we hereby assign, transfer and set over to Wallace & Krebs, in payment of the above-named creditors, the judgments and claims as per annexed schedule, all the right, title…
2Cited by9 opinions
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