Legal Opinion

Appeal of Smith

Supreme Court of Pennsylvania

Decided October 3, 1887No. 346PublishedCited by 2 opinions

FROM THE COURT OF COMMON PLEAS OF BRADFORD COUNTY. No. 346 January Term 1887, Sup. Ct.; court below, No. 420 December Term 1886, C. P. Jehial J. West, residing at Waverly, Tioga County, New York, but engaged in business in South Waverly, Bradford county, Pennsylvania, where the bulk of his property was situated, on October 24, 1885, made an assignment for the benefit of his creditors to H. Austin Clark of Owego, New York, with three classes of preferences among creditors…

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FROM THE COURT OF COMMON PLEAS OF BRADFORD COUNTY. No. 346 January Term 1887, Sup. Ct.; court below, No. 420 December Term 1886, C. P. Jehial J. West, residing at Waverly, Tioga County, New York, but engaged in business in South Waverly, Bradford county, Pennsylvania, where the bulk of his property was situated, on October 24, 1885, made an assignment for the benefit of his creditors to H. Austin Clark of Owego, New York, with three classes of preferences among creditors whose claims aggregated $5,372.88. The deed of assignment was recorded in Tioga county, New York, October 24, 1885, and in…

1Opinion of the Court

Opinion,

Me. Justice Paxson:

This was an appeal from the decree of the court below distributing the assigned estate of Jehial J. West. Both the assignor and the assignee were domiciled in the state of New York; the assignment was made, delivered and recorded in Tioga county in that state. A portion of the assignor’s personal property was located in Bradford county, Pennsylvania; the assignment was recorded in said county, an appraisement made, an inventory filed, and a bond given and approved by the court. The deed of assignment contained preferences in favor of certain creditors, which…

2Cases cited1 opinion

  1. Smith's AppealSupreme Court of Pennsylvania · 1883

3Cited by2 opinions

  1. Bacon, Baldwin & Co. v. Jos. Horne & Co.Supreme Court of Pennsylvania · 1889
  2. Hilliard v. Enders & Co.Supreme Court of Pennsylvania · 1900

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