McClain v. Pittsburg Stock Exchange
Supreme Court of Pennsylvania
Appeal, No. 58, Oct. T., 1907, by plaintiff, from decree of C. P. No. 1, Allegheny Co., Sept. T., 1906, No. 435, sustaining demurrer to bill in equity in case of Marshall McClain, Receiver of E. D. Gartner and A. J. Harnack, as individuals and as copartners doing business as E. D. Gartner & Company, v. The Pittsburg Stock Exchange. Bill in equity for an injunction. The facts are stated in the opinion of the Supreme Court. Error assigned was decree sustaining the demurrer.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
E. D. Gartner and A. J. Harnack were copartners in the brokerage business, under the firm name of E. D. Gartner and Company, and having failed they made a voluntary assignment as individuals and copartners for the benefit of their creditors on January 23, 1906. The deed of assignment was duly recorded in the recorder’s office of Allegheny county. The assignee named in the deed declined to accept the trust. A successor was appointed by the court of common pleas, and he subsequently declined and was dismissed by the court. A bill in equity was filed by a creditor…
2Cases cited3 opinions
- Sloan v. MooreSupreme Court of Pennsylvania · 1860
- Tassey's EstateSupreme Court of Pennsylvania · 1861
- Fox v. CurtisSupreme Court of Pennsylvania · 1896