Creighton v. Scranton Lace Curtain Manufacturing Co.
Supreme Court of Pennsylvania
Appeal, No. 129, Jan. T., 1898, by Stephen Chappell, from order of C. P. Lackawanna Co., March T., 1897, No. 440, discharging a rule to open judgment. Rule to open judgment. The bond on which judgment was entered was payable to the Lackawanna Trust and Safé Deposit Company, trustee, as security for such sums as might be owing to Creighton & Birch from time to time.
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Appeal, No. 129, Jan. T., 1898, by Stephen Chappell, from order of C. P. Lackawanna Co., March T., 1897, No. 440, discharging a rule to open judgment. Rule to open judgment. The bond on which judgment was entered was payable to the Lackawanna Trust and Safé Deposit Company, trustee, as security for such sums as might be owing to Creighton & Birch from time to time. Judgment was entered in favor of Creighton & Birch, but afterward the record was amended to make the plaintiff, “ The Lackawanna Trust and Safe Deposit Company, trustee for William Creighton, Mark H. Birch and Benjamin F. Bailey,…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The weight of the evidence is that the Lace Company defendant was insolvent in July, 1896, when it gave the bond on which the judgment was entered, and such, as we read it, was the opinion of the court below. The company had previously received advances of money from plaintiffs, as security for which *237it had pledged manufactured goods by delivery to the plaintiffs, and by setting apart for them in the custody of Taylor, its own assistant general manager. In July, 1896, plaintiffs, becoming doubtful of the sufficiency of the security by the goods set apart in this…
2Cases cited3 opinions
- Cowan v. Pennsylvania Plate Glass Co.Supreme Court of Pennsylvania · 1898
- South-W. N. Gas Co. v. Fayette Fuel-Gas Co., Pennsylvania Court of Common Pleas, Fayette County1892
- Finch Manufacturing Co. v. Stirling Co.Supreme Court of Pennsylvania · 1898
3Cited by1 opinion
- In re HowellDistrict Court, M.D. Pennsylvania · 1925