Legal Opinion

Whelen v. Phillips

Supreme Court of Pennsylvania

Decided October 3, 1892No. Appeal, No. 169PublishedCited by 14 opinions

Appeal, No. 169, Jan. T., 1892, by plaintiff, William N. Whelen, from judgment of C. P. No. 4 (Old District Court), Sept. T., 1869, No. 516, on verdict for plaintiff for part of bis claim. Judgment was entered on Nov. 9, 1869, against Charles L. Phillips. On Jan. 13, 1891, an attachment sur judgment was issued against the Pennsylvania Company for Insurance on Lives and Granting Annuities, executor of Henry M. Phillips. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 169, Jan. T., 1892, by plaintiff, William N. Whelen, from judgment of C. P. No. 4 (Old District Court), Sept. T., 1869, No. 516, on verdict for plaintiff for part of bis claim. Judgment was entered on Nov. 9, 1869, against Charles L. Phillips. On Jan. 13, 1891, an attachment sur judgment was issued against the Pennsylvania Company for Insurance on Lives and Granting Annuities, executor of Henry M. Phillips. The facts appear by the opinion of the Supreme Court. At the trial, before Willson, J., counsel for assignee offered in evidence an assignment from Charles L. Phillips to John…

1Opinion of the Court

Opinion by

Mb.. Justice Stebbett,

In January, 1891, plaintiff obtained judgment against Charles

L. Phillips for $7,680.92, on which he issued an attachment execution and summoned the Pennsylvania Company for Insurance on Lives and Granting Annuities, executor of Henry

M. Phillips, deceased, as garnishee. In its answer to interrogatories, said garnishee admitted having in its hands two funds, due Charles L. Phillips, defendant in said judgment, together amounting to $7,066.66, but alleged that it had been duly notified of the assignment by said Charles of one of said funds, viz.: $4,666.66, to…

2Cases cited5 opinions

  1. East Lewisburg Lumber & Manufacturing Co. v. MarshSupreme Court of Pennsylvania · 1879
  2. Patterson v. CaldwellSupreme Court of Pennsylvania · 1889
  3. Davidson v. LittleSupreme Court of Pennsylvania · 1853
  4. Ruple ex rel. Lewis v. BindleySupreme Court of Pennsylvania · 1879
  5. Power's AppealSupreme Court of Pennsylvania · 1870

3Cited by14 opinions

  1. McAdams v. BaileyIndiana Supreme Court · 1907
  2. Norris's EstateSupreme Court of Pennsylvania · 1938
  3. Frey's EstateSupreme Court of Pennsylvania · 1909
  4. Cunningham's EstateSupreme Court of Pennsylvania · 1940
  5. Phillips's EstateSupreme Court of Pennsylvania · 1903

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