Hennessy v. Western Bank
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia. The plaintiffs, Hennessy and others, had obtained a judgment against John Knox, James Boggs and James A. Knox, trading as Knox, Boggs & Co., and issued an attachment of execution, which was levied on funds in the hands of the Western Bank of Philadelphia, deposited there by William Wilson and David Knox, assignees of Knox, Boggs & Qo., or their attorney.
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ERROR to the District Court for the city and county of Philadelphia. The plaintiffs, Hennessy and others, had obtained a judgment against John Knox, James Boggs and James A. Knox, trading as Knox, Boggs & Co., and issued an attachment of execution, which was levied on funds in the hands of the Western Bank of Philadelphia, deposited there by William Wilson and David Knox, assignees of Knox, Boggs & Qo., or their attorney. These funds were assets, or proceeds of assets, of the firm of Knox & Boggs (consisting of John Knox and James Boggs), and Knox, Boggs & Co. (consisting of John Knox, James…
1Opinion of the Court
*310The opinion of the Court was delivered by
Rogers, J.
On the trial .the defendant moved for a nonsuit. It was contended by the plaintiffs that they were entitled to a verdict against the Bank, who were the garnishees, because the assignment of May Í837 appeared on its face insufficient to transfer the property of Knox, Boggs & Co., as against their creditors. But the court, disregarding this point, ordered a nonsuit on the ground that property fraudulently assigned, is not attachable under the Act of 1836, in the hands of the fraudulent assignee. In this opinion, however, the court was mistaken,…
2Cases cited4 opinions
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- Deckard v. CaseSupreme Court of Pennsylvania · 1836
- Thomas v. JenksSupreme Court of Pennsylvania · 1835
- M'Allister v. MarshallSupreme Court of Pennsylvania · 1814
3Cited by17 opinions
- Donoho v. Fish Bros. & Co.Texas Supreme Court · 1882
- May v. WalkerSupreme Court of Minnesota · 1886
- Forbes v. ScannellCalifornia Supreme Court · 1859
- Lancaster v. Knickerbocker Ice Co.Supreme Court of Pennsylvania · 1893
- Schmertz v. ShreeveSupreme Court of Pennsylvania · 1870
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