Eby v. Guest
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Montgomery county: Of January Term 1880, No. 286. The proceedings in the court below were as follows: Eby & Co., having a judgment against John B. Guest, issued an attachment against the Enterprise Building and Loan Association, garnishee.
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Error to the Court of Common Pleas of Montgomery county: Of January Term 1880, No. 286. The proceedings in the court below were as follows: Eby & Co., having a judgment against John B. Guest, issued an attachment against the Enterprise Building and Loan Association, garnishee. The latter answered that Guest was the owner of seven shares of the stock of said association, but that it had been tranferred to the association as collateral security for loans made to Guest by the association, and that the stock stood in the latter’s name. A motion for judgment was made, when Edward Guest intervened,…
1Opinion of the CourtJustice Gordon
By the second section of the Act of 29th of March 1819, the stock of a corporation, owned by any individual or body corporate, in his or its own name, was made subject to execution as ordinary goods and chattels. The third section of this same act made provision for the attachment of such stock where it was held in the name of another than the real owner. Under this section, where the plaintiff filed the required affidavit, and entered into a recognisance, with two sufficient sureties, conditioned for the payment of such damages as the court or magistrate might adjudge to the party or parties…
2Cited by2 opinions
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- Bernheimer v. StewartSuperior Court of Pennsylvania · 1913