Bacon, Baldwin & Co. v. Jos. Horne & Co.
Supreme Court of Pennsylvania
ERROR TO TTTE COURT OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. No. 189 October Term 1888, Sup. Ct.; court below, No. 62 July Term 1887, C. P. No. 2. On September 15, 1885, F. M. Bacon, and others, partners as Bacon, Baldwin & Co., entered.a suit in foreign attachment against Henry Schoenwald, a non-resident. The writ was returned, as served the same day upon Jos. Horne & Co., as garnishees, and nihil, as to defendant.
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ERROR TO TTTE COURT OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. No. 189 October Term 1888, Sup. Ct.; court below, No. 62 July Term 1887, C. P. No. 2. On September 15, 1885, F. M. Bacon, and others, partners as Bacon, Baldwin & Co., entered.a suit in foreign attachment against Henry Schoenwald, a non-resident. The writ was returned, as served the same day upon Jos. Horne & Co., as garnishees, and nihil, as to defendant. On April 17, 1887, judgment was entered against the defendant for 11,419.15, in default of appearance. A scire facias was then issued, to the number and term of the court below…
1Opinion of the Court
Ouimox,
Mr. Justice Paxson :
We do not think the property in qiiestion was liable to the foreign attachment. Both the plaintiffs and the defendant in that writ resided in the city of New York. Before it issued the defendant had made an assignment for the benefit of his creditors. The assignment was made in New York and was in conformity to the laws of that state. Under all the authorities it passed the title to the property in this state. It is sufficient to refer to our last case, Smith’s App., 117 Pa. 30.
It was said, however, that inasmuch as the assignment was not recorded in this state, in…
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