Realty Co. v. Gioshio
Superior Court of Pennsylvania
Appeal, No. 89, April T., 1912, by defendant, from order of C. P. No. 2, Allegheny Co., April T., 1911, No. 44, discharging rule to set aside execution in case of The Realty Company v. Pasquale Gioshio. Rule to set aside execution. Before Shaper, J. The facts are stated in the opinion of the Superior Court. Error assigned was order discharging rule to set aside execution.
1Opinion of the Court
Opinion by
Morrison, J.,
The facts controlling this case are not in dispute. The defendant filed a voluntary petition in bankruptcy in the United States district court for the western district of Pennsylvania on December 29, 1910, which petition contained a schedule showing his debts and obligations, including the debt due the plaintiff. It is conceded that plaintiff had due notice of the bankruptcy proceedings on or about the date the petition was filed. Plaintiff’s claim against the defendant was for rent due it under a written lease made in March, 1910. This lease contained a warrant of…
2Cases cited11 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- Bell v. Dawson Grocery Co.Supreme Court of Georgia · 1904
- McKenney v. CheneySupreme Court of Georgia · 1903
- Powers Dry Goods Co. v. NelsonNorth Dakota Supreme Court · 1901
- First National Bank v. BartlettSuperior Court of Pennsylvania · 1908
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3Cited by5 opinions
- Beneficial Consumer Discount Co. v. HamlinSuperior Court of Pennsylvania · 1979
- Budget Plan, Inc. v. Hicks, Pennsylvania Court of Common Pleas, Centre County1961
- Clarence Huffman Motor Co. v. Hess, Pennsylvania Court of Common Pleas, Greene County1927
- Latsha v. Latsha, Pennsylvania Court of Common Pleas, Dauphin County1935
- Sovereign Building & Loan Ass'n v. KrassenSuperior Court of Pennsylvania · 1929