Patten's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Philadelphia. This was an appeal by John W. Patteh from the decree of the court below confirming the report of the auditor appointed to audit, settle, ánd adjust the accounts of Isaac S. Waterman, assignee of White, Stevens & Co. In 1857, White, Stevens & Co. made an assignment to Isaac S. Waterman, in trust for creditors.
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Appeal from the Common Pleas of Philadelphia. This was an appeal by John W. Patteh from the decree of the court below confirming the report of the auditor appointed to audit, settle, ánd adjust the accounts of Isaac S. Waterman, assignee of White, Stevens & Co. In 1857, White, Stevens & Co. made an assignment to Isaac S. Waterman, in trust for creditors. On the 28th of November 1858, the account of the assignee was filed, and referred by the court to Charles E. Lex, Esq., as auditor, who, after hearing the case, filed an elaborate report, disjoosing of all the questions submitted to him.…
1Opinion of the Court
The opinion of the court was delivered,
by
STRONG, J.
The first position taken by the appellant is, that S. & W. Welsh are not creditors of White, Stevens & Co., the assignors. It is insisted that their detention of the sugars sold, on the insolvency of the vendees before delivery, was a rescission of the contract of sale, and that consequently the notes given for the price are not recoverable.
This position is not maintainable. Notwithstanding the doubts expressed in some of the older cases, the modern decisions clearly show that neither the stoppage of goods sold while in transitu, nor the…
2Cases cited1 opinion
- Newhall v. VargasSupreme Judicial Court of Maine · 1839
3Cited by11 opinions
- Prudential Trust Co.'s AssignmentSupreme Court of Pennsylvania · 1909
- Estate of Jamison & Co.Supreme Court of Pennsylvania · 1894
- American Hide & Leather Co. v. Chalkley & Co.Supreme Court of Virginia · 1903
- Joseph P. Murphy Co.'s Assigned EstateSupreme Court of Pennsylvania · 1906
- Estate of Prescott State BankArizona Supreme Court · 1931
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