Legal Opinion

Day & Sharpe's Assigned Estate

Superior Court of Pennsylvania

Decided July 10, 1902No. Appeal, No. 55PublishedCited by 5 opinions

Appeal, No. 55, April T., 1902, by A. I. Scott, from order of C. P. Lawrence Co., June T., 1901, No. 6, overruling exceptions to auditor’s report in case of Day & Sbarpe’s Assigned Estate. Exceptions to report of S. L. McCracken, auditor.

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Appeal, No. 55, April T., 1902, by A. I. Scott, from order of C. P. Lawrence Co., June T., 1901, No. 6, overruling exceptions to auditor’s report in case of Day & Sbarpe’s Assigned Estate. Exceptions to report of S. L. McCracken, auditor. The auditor,' after discussing the testimony, reported as follows : From the evidence taken, your auditor finds the following matters of fact: 1. That at the time of the assignment by Day & Sharpe to A. I. Scott, the goods of Day & Sharpe were in the custody of the sheriff of Lawrence county by virtue of sundry writs of execution, among which were a writ in…

1Opinion of the Court

Opinion by

William W. Porter, J.,

Day and Sharpe made an assignment, for the benefit of creditors, to A. I. Scott. Before the assignment several judgments had been entered against the firm and executions issued thereon. The fourth execution to reach the sheriff was issued on a judgment held by J. McD. Scott & Company. The fifth and sixth writs were upon judgments held by Letha L. McQuaid, who, in consideration of an agreement made with her by J. McD. Scott, agreed with other creditors that the property of Day and Sharpe might be sold by the assignee and not by the sheriff. The assignee made the…

2Cases cited3 opinions

  1. East Lewisburg Lumber & Manufacturing Co. v. MarshSupreme Court of Pennsylvania · 1879
  2. Nesmith v. DrumSupreme Court of Pennsylvania · 1844
  3. Moeser v. SchneiderSupreme Court of Pennsylvania · 1893

3Cited by5 opinions

  1. Fisher v. Stevens Coal Co. (Et Al.,)Superior Court of Pennsylvania · 1939
  2. Warrington v. MengelSuperior Court of Pennsylvania · 1909
  3. Devore's EstateSuperior Court of Pennsylvania · 1925
  4. Long's EstateSuperior Court of Pennsylvania · 1909
  5. Croyle v. GuelichSuperior Court of Pennsylvania · 1908

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