Legal Opinion

Chaffees v. Risk

Supreme Court of Pennsylvania

Decided July 1, 1855PublishedCited by 2 opinions

ERROR to the Court of Common Pleas of Lancaster county. This was an attachment execution issued in favor of Chaffees & Stout v. Samuel & David J. Risk, partners, and P. W. Housekeeper, and eight other persons as garnishees.

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ERROR to the Court of Common Pleas of Lancaster county. This was an attachment execution issued in favor of Chaffees & Stout v. Samuel & David J. Risk, partners, and P. W. Housekeeper, and eight other persons as garnishees. S. & D. Risk were engaged in mercantile business, and failed in 1852. On 11th November, 1852, in consideration of indebtedness to the said Housekeeper, and the said eight other creditors, and on account of liabilities incurred, the said S. & D. Risk executed an assignment-to them of all their accounts, reckonings, claims, demands, rents, judgments, bonds, bills and notes,…

1Opinion of the Court

The opinion of the 'Court was delivered by

Lewis, C. J.

By the Act of 24th March, 1818, it is provided that all assignments therein described, which shall not b.e recorded within thirty days, “ shall be considered null and void as against any of the creditors of the assignor.” But what was"the character of the assignments on which this provision was intended to operate? The first section of the Act describes them. They must be “ voluntary assignments” of a debtor “ to any person or persons in trust for the use of his, her, or their creditors, or in trust for the use of such person or persons to…

2Cases cited1 opinion

  1. Englebert v. BlanjotSupreme Court of Pennsylvania · 1837

3Cited by2 opinions

  1. Wood v. KerkeslagerSupreme Court of Pennsylvania · 1910
  2. Penn Plate Glass Co. v. JonesSupreme Court of Pennsylvania · 1899

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