Legal Opinion

Geist's Appeal

Supreme Court of Pennsylvania

Decided October 22, 1883PublishedCited by 8 opinions

Appeals from the Court of Common Pleas No. 1 of Allegheny county: Of October Term 1883, Nos. 5 and 6. Appeals by F. D. Geist, assignee for the benefit of creditors of Adolph Oberhelman, and J. D. Scliroeder, one of the sureties on the said assignee’s bond, from a decree of said court, distributing the assigned estate.

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Appeals from the Court of Common Pleas No. 1 of Allegheny county: Of October Term 1883, Nos. 5 and 6. Appeals by F. D. Geist, assignee for the benefit of creditors of Adolph Oberhelman, and J. D. Scliroeder, one of the sureties on the said assignee’s bond, from a decree of said court, distributing the assigned estate. Before the Auditor (T. EL Davis, Esquire), appointed to pass upon exceptions to the assignee’s account, and to report distribution, the following facts appeared : On September 10th 1874 Adolph Oberhelman executed a deed of general assignment for the benefit of his creditors, to…

1Opinion of the CourtJustice Paxson

This was an appeal from the decree of the court below distributing- the assigned estate of Adolph Oberhelman. Among the assets of said estate was a claim against the city of Pittsburgh for $5,344.40. It was inventoried as “ a claim against the city of Pittsburgh on account of contract building bridge, assigned to different parties as collateral security.”

Prior to his assignment to Geist for the benefit of his creditors, Oberhelman had made partial assignments of this claim to various parties as collateral security. These partial assignments were never accepted nor recognized by the city of…

2Cases cited4 opinions

  1. Mandeville v. WelchSupreme Court of the United States · 1820
  2. Fisher v. New-York Common PleasNew York Supreme Court · 1836
  3. Gribson v. StoneNew York Supreme Court · 1865
  4. Okie's AppealSupreme Court of Pennsylvania · 1844

3Cited by8 opinions

  1. Gordon v. Hartford Sterling Co.Supreme Court of Pennsylvania · 1935
  2. McDyer v. Eastern Pennsylvania Railways Co.Supreme Court of Pennsylvania · 1910
  3. Decatur Contracting v. Belin, Belin & NaddeoCourt of Appeals for the Third Circuit · 1990
  4. Vetter v. MeadvilleSupreme Court of Pennsylvania · 1912
  5. Botsford v. LullSuperior Court of Pennsylvania · 1906

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