Harner's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Dauphin county: Of May Term 1879, No. 157. Appeal of Frederick D. Hamer from the decree of the court distributing the proceeds of the sheriff’s sale of the real estate of Tobias Bickel.
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Appeal from the Court of Common Pleas of Dauphin county: Of May Term 1879, No. 157. Appeal of Frederick D. Hamer from the decree of the court distributing the proceeds of the sheriff’s sale of the real estate of Tobias Bickel. Before the auditor, John H. Weiss, Esq., the fund arising from the sale was claimed by the holders of two judgments, one' in favor of the Lykens Valley Bank for $9000, on bond and warrant entered March 12th 1873, and one in favor of Ilarner, the appellant, for $3000, on bond and warrant entered August 80th 1875. The auditor found that the judgment of the bank was given…
1Opinion of the CourtJustice Gordon
The original Lykens Valley Bank, to which Bickel executed the judgment, which forms the subject of the present controversy, as collateral security for certain notes which it discounted for him, was a partnership., and of this partnership Brubaker was not only a member, but president. Prima facie, therefore, he, as agent of this association, had full power either to assign or satisfy this judgment: Dubois’s Appeal, 2 Wright 231. Harner’s judgment, in amount $3000, was entered on the 30th of August 1875, and *494had been executed in September 1874. The consideration, therefor, was an account owing…
2Cited by4 opinions
- Allegheny V. R. v. DickeySupreme Court of Pennsylvania · 1890
- Searight's EstateSupreme Court of Pennsylvania · 1894
- Beaver Falls B. & L. Ass'n v. Froimson, Pennsylvania Court of Common Pleas, Beaver County1937
- Brown v. ThompsonSupreme Court of Pennsylvania · 1893