Legal Opinion

Townsend v. Maynard

Supreme Court of Pennsylvania

Decided May 14, 1863PublishedCited by 5 opinions

ERROR to the Common Pleas of Erie county. This was a feigned issue under the Sheriff’s Interpleader Act, in which R. H. Maynard, trustee of Louisa Morrill, was plaintiff, and Townsend & Crane and John C. Martien and John W. Graydon, assignees of Graydon & McCreary et al., were defendants ; to determine tbe right to a stock of merchandise in a store occupied by George W. Morrill, which had been levied on under five writs of fieri facias, at the suit of certain creditors of…

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ERROR to the Common Pleas of Erie county. This was a feigned issue under the Sheriff’s Interpleader Act, in which R. H. Maynard, trustee of Louisa Morrill, was plaintiff, and Townsend & Crane and John C. Martien and John W. Graydon, assignees of Graydon & McCreary et al., were defendants ; to determine tbe right to a stock of merchandise in a store occupied by George W. Morrill, which had been levied on under five writs of fieri facias, at the suit of certain creditors of said G. W. Morrill, in which, under the ruling of the court below, there was a verdict and judgment for the plaintiff. The…

1Opinion of the Court

The opinion of the court was delivered,

by

Read, J.

George W. Merrill and Louisa F. Merrill, his wife, resided in Buffalo, New York, during the years 1857, 1858, and up to December 1859. In the spring of 1857 Mr. Merrill was worth from $20,000 to $30,000, and not in debt, and went out of business in that year on the 28th of March 1857. Merrill sold a house and lot in the city of Buffalo to Seth P. Beers, and a mortgage for $4000 of the same date, payable in two years and eight months, with interest, was given upon it by said Beers to Louisa F. Merrill, wife of the grantor. On the 1st November…

2Cases cited1 opinion

  1. Hinde's Lessee v. LongworthSupreme Court of the United States · 1826

3Cited by5 opinions

  1. Buckwalter Stove Co. v. EdmondsSupreme Court of Pennsylvania · 1925
  2. Best v. SmithSupreme Court of Pennsylvania · 1899
  3. Edner v. MathewsDistrict Court, W.D. Pennsylvania · 1944
  4. Dayen's EstatePennsylvania Orphans' Court, Philadelphia County · 1929
  5. York v. Scranton Lackawanna Trust Co., Pennsylvania Court of Common Pleas, Lackawanna County1932

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