William Broadhead & Sons v. Cornman
Supreme Court of Pennsylvania
Appeal, No. 1, July T., 1895, by defendant, from judgment of C. P. Cumberland Co., May T., 1895, No. 151, in favor of plaintiffs, on case stated. Case stated to determine the distribution of the proceeds of sale of personalty by constable.
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Appeal, No. 1, July T., 1895, by defendant, from judgment of C. P. Cumberland Co., May T., 1895, No. 151, in favor of plaintiffs, on case stated. Case stated to determine the distribution of the proceeds of sale of personalty by constable. Before Biddle, P. J. The case stated was as follows: Theodore Cornman, the defendant, obtained a judgment by confession against S. B. Kissell, for $8,700, with interest from February, 1890, which was entered in the court of common pleas of Cumberland county to 66 May term, 1895, on which a writ of fieri facias issued tó No. 8 May term, 1895, execution…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The ground on which a senior may be postponed to a junior levy is that it is not being used in good faith for its legal purpose, but in fraud of the rights of other creditors. The rule is thus stated in Corliss v. Stanbridge, 5 R. 286, “ If the plaintiff delivers an execution to the sheriff with direction not to levy at all, or not till further orders, it creates no lien on the defendant’s personal property as against a creditor issuing and proceeding with a subsequent execution. The rule is the same *326if there is a levy accompanied with instructions to stay…
2Cases cited7 opinions
- Landis v. EvansSupreme Court of Pennsylvania · 1886
- Commonwealth ex rel. Reynolds v. StrembackSupreme Court of Pennsylvania · 1832
- Kent, Santee & Co.'s AppealSupreme Court of Pennsylvania · 1878
- Corlies & Co. v. StanbridgeSupreme Court of Pennsylvania · 1835
- Parys & Co.'s AppealSupreme Court of Pennsylvania · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Platt-Barber Co. v. GrovesSupreme Court of Pennsylvania · 1899
- Wadas v. SharpSuperior Court of Pennsylvania · 1905
- Taylor v. EllisSupreme Court of Pennsylvania · 1901
- Dunham v. RundleSuperior Court of Pennsylvania · 1897
- In re LynchDistrict Court, E.D. Pennsylvania · 1914
3 more not listed; retrieve them via the Exa API.