In re Assignment of the Mill Work & Mantel Co.
Superior Court of Pennsylvania
Appeal No. 14, Feb. T., 1897, of George A. Gebhart, with the several and separate appeals of Charles M. Renaut, Joseph H. Evans, Theodore Kramer, Jacob C. Bay, Charles R. Hoffman, and Samuel H. Follmer, from judgment and decree of C. P. Lycoming Co., Dec. T., 1894, No. 23, dismissing exceptions to and confirming the report of J. L. Meredith, Esq., auditor, distributing the funds in-the hands of an assignee. Exceptions to auditor’s report.
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Appeal No. 14, Feb. T., 1897, of George A. Gebhart, with the several and separate appeals of Charles M. Renaut, Joseph H. Evans, Theodore Kramer, Jacob C. Bay, Charles R. Hoffman, and Samuel H. Follmer, from judgment and decree of C. P. Lycoming Co., Dec. T., 1894, No. 23, dismissing exceptions to and confirming the report of J. L. Meredith, Esq., auditor, distributing the funds in-the hands of an assignee. Exceptions to auditor’s report. Before Metzger, P. J. The controversy in this case arises out of the claim made by Joseph H. Evans and other plaintiffs, who had recovered judgments against…
1Opinion of the Court
Opinion by
Willard, J.,
When the association, known and doing business as the Mill Work and Mantel Company, Limited, made its assignment for the benefit of creditors, it was either a general partnership or a joint stock company under the act of June 2, 1874 and its supplements.
The written assignment was sufficient to pass its property as a joint stock company (created under the provisions of said act and its supplements) to the assignee. If it was a general partnership, the assignment executed by two of the partners was also sufficient to pass the property of the general partnership to the…
2Cases cited11 opinions
- Babb v. ReedSupreme Court of Pennsylvania · 1835
- Spahr v. Farmers' BankSupreme Court of Pennsylvania · 1880
- Hill, Keiser & Co. v. StetlerSupreme Court of Pennsylvania · 1888
- Eliot v. HimrodSupreme Court of Pennsylvania · 1885
- Kramer v. Arthurs & NicholsonSupreme Court of Pennsylvania · 1847
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