Kramer & Rahm's Appeal
Supreme Court of Pennsylvania
This was an appeal by Kramer & Rahm and Sellers & Co., from the decree of the Common Pleas of Blair county, confirming the report of auditors appointed to distribute the money in court, made on the sale of certain personal property attached under a judgment of Henry S. King, against Elias Baker.
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This was an appeal by Kramer & Rahm and Sellers & Co., from the decree of the Common Pleas of Blair county, confirming the report of auditors appointed to distribute the money in court, made on the sale of certain personal property attached under a judgment of Henry S. King, against Elias Baker. The case was this: Henry S. King, of Pittsburgh, was engaged in the commission business, and had for some time been receiving and selling on commission, pig-iron metal and blooms, consigned to him by Elias Baker. On the credit of these consignments, King was in the habit of accepting drafts for large…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
— In Curtis v. Taylor & Allen, 9 Paige 432, Chancellor Walworth asserted and sustained by many authorities, the equitable principle “ that where a surety or a person standing in the situation of a surety for the payment of a debt, receives a security for his indemnity, and to discharge such indebtedness, the principal creditor is, in equity, entitled to the full benefit of that security. And it makes no difference, that such principal creditor did not act upon the credit of such security in the first instance, or even know of its…
2Cases cited7 opinions
- Curtis v. TylerNew York Court of Chancery · 1842
- Himes v. BarnitzSupreme Court of Pennsylvania · 1839
- Boughton v. CarterNew York Supreme Court · 1820
- Cornwell's AppealSupreme Court of Pennsylvania · 1844
- De Wolf v. MurrayThe Superior Court of New York City · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Mortgage Building & Loan Ass'n CaseSupreme Court of Pennsylvania · 1939
- First Nat. Bank of Albany v. HamblinDistrict Court, N.D. New York · 1915
- Seaton's EstateSupreme Court of Pennsylvania · 1937
- In re Philadelphia Co. for Guaranteeing Mortgages, Pennsylvania Court of Common Pleas, Philadelphia County1939
- Warner's AppealSupreme Court of Pennsylvania · 1886
1 more not listed; retrieve them via the Exa API.