Osborne's Estate
Supreme Court of Pennsylvania
APPEAL. This was an appeal from a decree of the Court of Common Pleas of Bucks County, made upon exceptions to the report of an auditor appointed to distribute certain funds in the hands of Thomas Sands, assignee of William W. Osborne.
Read the full summary
APPEAL. This was an appeal from a decree of the Court of Common Pleas of Bucks County, made upon exceptions to the report of an auditor appointed to distribute certain funds in the hands of Thomas Sands, assignee of William W. Osborne. The part of the assignment upon which the question before the Court below arose, was as follows: “ After deducting the reasonable costs and charges of the said Thomas Sands, and expenses incident to this trust, shall and will pay and discharge and indemnify Thomas Sands, of Solebury, in order, first, by the payment of a certain note of two hundred dollars, due…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
A promise to secure a landlord, in consideration that he would waive his right to distrain, and suffer the goods to be removed, is forbidden by no rule of law or policy. As legal owner of the goods, the assignee is capable of contracting in respect to them: and the landlord has a lien on them, for unpaid rent, which might seriously interfere with the execution of the trust. What, then, would be gained by driving him to a rigid application of his remedy 1 A part of the property, if not the whole, would be seized and sacrificed by a forced…
2Cited by2 opinions
- Vandever's AppealSupreme Court of Pennsylvania · 1845
- Lierz v. MorrisSuperior Court of Pennsylvania · 1902