Beans v. Bullitt & Fairthorne
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 142, to January Term 1868. On the 2d of November 1864 Thomas J. Beans recovered judgment for $9108.50 against William H. Lawson, surviving partner of Lawson & Yerkes. On the same day an attachment execution was issued on this judgment, in which, amongst others, John C. Bullitt and Frederick Fairthorne, partners, under the firm of Bullitt & Fairthorne, were g'arnishees. Interrogatories to the garnishees were filed.
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Error to the District Court of Philadelphia: No. 142, to January Term 1868. On the 2d of November 1864 Thomas J. Beans recovered judgment for $9108.50 against William H. Lawson, surviving partner of Lawson & Yerkes. On the same day an attachment execution was issued on this judgment, in which, amongst others, John C. Bullitt and Frederick Fairthorne, partners, under the firm of Bullitt & Fairthorne, were g'arnishees. Interrogatories to the garnishees were filed. The 5th, 7th and 9th with their answers were, in substance, as follows:— 5. Whether the garnishees had in their possession or…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
This case has been very ably and elaborately argued on behalf of the plaintiffs in error, but we are not convinced that there was any mistake in the instruction given to the jury by the District Court. The charge is well vindicated by the opinion of the president of that court on the motion for a new trial.
To constitute an assignment in trust for the benefit of creditors, within the meaning of the Act of March 24th 1818, there must be a transfer of the property assigned to anothermore than a mere transmission of its custody or management.…
2Cases cited1 opinion
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