Girard Trust Co. v. Baird
Supreme Court of Pennsylvania
Appeal, No. 354, Jan. T., 1904, by defendant, from decree of C. P. No. 2, Phila Co., Sept. T., 1901, No. 3902, dismissing exceptions to adjudication in case of Girard Trust Company v. Montagu M. W. Baird, Appellant, and Kate Baird, Fidelity Trust Company and William H. Jenks. Bill in equity to determine priorities of lien. Exceptions to adjudication. The facts appear by the opinion of the Supreme Court. Errors assigned were in dismissing exceptions to adjudication.
1Opinion of the Court
Opinion by
Mb. Justice Mestbezat,
Joseph F. Tobias was the equitable owner of an undivided *43169/800 part of certain real estate in Philadelphia, known as the “ Old Oaks ” property, the legal title to which was in W. H. Jenks. Tobias borrowed money from the Fidelity Trust Company, the Girard Trust Company, the plaintiff, Montagu M. W. Baird, the defendant and appellant, and from Mr. Jenks. As collateral security for these loans, he, “ bargained, sold, assigned and transferred ” his interest in the “ Old Oaks ” property to each of his creditors, but none of these assignments was recorded. This bill…
2Cases cited9 opinions
- Upton v. National Bank of South ReadingMassachusetts Supreme Judicial Court · 1876
- Britton's AppealSupreme Court of Pennsylvania · 1863
- Mellon's AppealSupreme Court of Pennsylvania · 1858
- Nice's AppealSupreme Court of Pennsylvania · 1867
- Loverin, Hall & Co. ex rel. Gunnison v. Humboldt Safe Deposit & Trust Co. ex rel. BurtonSupreme Court of Pennsylvania · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Arun J. Shingala, P.C. v. Allenwear & Associates (In Re Allenwear & Associates)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Fair and Sq. B. L. A. v. Pres. Bd.Supreme Court of Pennsylvania · 1930
- Girard Bank v. McLaughlin (In Re McLaughlin)United States Bankruptcy Court, E.D. Pennsylvania · 1983
- Tesauro, for Use v. CalitriSuperior Court of Pennsylvania · 1943
- Fair & Square Building & Loan Ass'n v. Presbyterian Board of PublicationSupreme Court of Pennsylvania · 1931
6 more not listed; retrieve them via the Exa API.