Legal Opinion

DeTurck v. Woelfel

Superior Court of Pennsylvania

Decided February 14, 1902No. 1; Appeal, No. 95Published

Appeal, No. 95, Oct. T., 1901, by plaintiffs, from judgment of C. P. No. 2, Phila. Co., June'T., 1898, No. 14, on case stated in case of Jacob .G. DeTurck and Harry Bassett, trading as DeTurck, Bassett &, Company v. George Woelfel, Defendant, and Pennsylvania Fire Insurance Company. Case stated in foreign attachment. Case stated was as follows: The following facts are agreed upon by the parties hereto: The plaintiffs are citizens of the state of Pennsylvania.

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Appeal, No. 95, Oct. T., 1901, by plaintiffs, from judgment of C. P. No. 2, Phila. Co., June'T., 1898, No. 14, on case stated in case of Jacob .G. DeTurck and Harry Bassett, trading as DeTurck, Bassett &, Company v. George Woelfel, Defendant, and Pennsylvania Fire Insurance Company. Case stated in foreign attachment. Case stated was as follows: The following facts are agreed upon by the parties hereto: The plaintiffs are citizens of the state of Pennsylvania. The said George Woelfel, the defendant, for several years prior to the date of this writ and up to the 'present day, has been a…

1Opinion of the Court

Opinion by

Rice, P. J.,

Prior to the Act of May 3, 1855, P. L. 415, an assignment *269for the benefit of creditors made in Maryland and valid under the laws of that state would have protected this debt from subsequent attachment in Pennsylvania: Speed v. May, 17 Pa. 91; Law v. Mills, 18 Pa. 185 ; Philson v. Barnes, 50 Pa. 230. See also Noble v. Thompson Oil Co., 79 Pa. 354. The act-of 1855 declares, that whenever any person making an assignment of “ his or her estate situate within this commonwealth,” for the benefit of creditors, shall reside out of this state, such assignment may be recorded…

2Cases cited11 opinions

  1. Chicago, Rock Island & Pacific Railway Co. v. SturmSupreme Court of the United States · 1899
  2. Burnett v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
  3. Noble v. Thompson Oil Co. ex rel. BrownSupreme Court of Pennsylvania · 1875
  4. Steel v. GoodwinSupreme Court of Pennsylvania · 1886
  5. Bacon, Baldwin & Co. v. Jos. Horne & Co.Supreme Court of Pennsylvania · 1889

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