Legal Opinion

Fraternal Guardians' Assigned Estate

Supreme Court of Pennsylvania

Decided February 12, 1894No. Appeal, No. 465PublishedCited by 2 opinions

Appeal, No. 465, Jan. T., 1893, by Joseph L. Tull, receiver, from order of C. P. No. 1, Phila. Co., Sept. T., 1892, No. 331, dismissing exceptions to auditor’s report distributing assigned estate of the Order of Fraternal Guardians. Exceptions to auditor’s report. From the record it appeared that the Order of Fraternal Guardians was chartered Dec. 1, 1888, by Court of Common Pleas No. 3, of Philadelphia county.

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Appeal, No. 465, Jan. T., 1893, by Joseph L. Tull, receiver, from order of C. P. No. 1, Phila. Co., Sept. T., 1892, No. 331, dismissing exceptions to auditor’s report distributing assigned estate of the Order of Fraternal Guardians. Exceptions to auditor’s report. From the record it appeared that the Order of Fraternal Guardians was chartered Dec. 1, 1888, by Court of Common Pleas No. 3, of Philadelphia county. On May 9, 1892, the commonwealth, upon the suggestion of the attorney general, issued out of the Common Pleas of Dauphin county as of June Term, 1892, No. 500, a writ of quo warranto…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

The Order of Fraternal Guardians was incorporated in 1888, by a decree of the Court of Common Pleas No. 3 of Philadelphia, as a beneficial and protective association under the act of April 29,1874, and apparently did a large business until 1892, when it got into difficulties, and in September of that year made an assignment for the benefit of its creditors. The assignee proceeded diligently to liquidate the assets, and on November 19th of the same year filed his account, showing the fund for distribution which is now before the court.

Prior to the assignment…

2Cases cited1 opinion

  1. Commonwealth v. Order of VestaSupreme Court of Pennsylvania · 1893

3Cited by2 opinions

  1. Commonwealth Ex Rel. Truscott v. Yiddisher Kultur FarbandSupreme Court of Pennsylvania · 1955
  2. Commonwealth Ex Rel. Truscott v. Yiddisher Kultur FarbandSupreme Court of Pennsylvania · 1955

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