Tams v. Bullitt
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of assumpsit by John C. Bullitt and Frederick Fairthorne, trustees of the estate of John Tams, an insolvent, against William Tams, for money had and received by the defendant for the use of the insolvent, at different times between the 2d January 1851, and the 4th October 1853, under an alleged fraudulent arrangement between them.
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Error to the District Court of Philadelphia. This was an action of assumpsit by John C. Bullitt and Frederick Fairthorne, trustees of the estate of John Tams, an insolvent, against William Tams, for money had and received by the defendant for the use of the insolvent, at different times between the 2d January 1851, and the 4th October 1853, under an alleged fraudulent arrangement between them. John Tams was discharged as an insolvent debtor, on the 9th October 1852, after a protracted opposition; and the plaintiffs were appointed trustees of his estate. It was alleged in this action, that…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
It is exceedingly difficult to obtain a clear view of all the points in this case from the paper-book which has been furnished to us. It appears, however, to have been an action of assumpsit for money had and received, brought against William Tams, by Bullitt & Fairthorne, assignees of John Tams, under the insolvent laws. John Tams was discharged as an insolvent on the 9th of October 1852, and his assignment to the trustees is dated on the 5th of July in the same year. But one of all the pleadings *312in. the case is exhibited. The hill of…
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