Legal Opinion

Galey v. Guffey

Supreme Court of Pennsylvania

Decided March 15, 1915No. Appeal, No. 61PublishedCited by 15 opinions

Appeal, No. 61, Oct. T., 1915, by Annie B. Sterrett and Emma J. Sterrett, Trustees under the will of James P. Sterrett, deceased, and James R. Sterrett and David D. Kennedy, Executors of the Will of John M. Kennedy, deceased, from decree of C. P. Allegheny Co., Fourth T., 1910, No. 50, refusing petition for leave to foreclose a mortgage, in case of J. H. Galey v. J. M. Guffey. Bill in equity for the appointment of a receiver.

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Appeal, No. 61, Oct. T., 1915, by Annie B. Sterrett and Emma J. Sterrett, Trustees under the will of James P. Sterrett, deceased, and James R. Sterrett and David D. Kennedy, Executors of the Will of John M. Kennedy, deceased, from decree of C. P. Allegheny Co., Fourth T., 1910, No. 50, refusing petition for leave to foreclose a mortgage, in case of J. H. Galey v. J. M. Guffey. Bill in equity for the appointment of a receiver. Petition for leave to foreclose a mortgage upon property in the hands of the receiver. Before Swearingen, J. The opinion of the Supreme Court states the facts. The court…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

The petition of J. H. Galey, presented 14th July, 1910, to the Court of Common Pleas of Allegheny County, represented that the petitioner was a creditor in a large amount of J. M. Guffey, of the City of Pittsburgh; that the said Guffey was possessed of property of a value greatly in excess of his liabilities, but that, because of his inability to pay the interest on maturing obligations, certain of his creditors holding collateral pledges .exceeding in value, — twice over, — the amount of the debt for which they were pledged, were threatening to sell the same at…

2Cases cited3 opinions

  1. Breitenbach v. BushSupreme Court of Pennsylvania · 1863
  2. Billmeyer v. Evans & RodenbaughSupreme Court of Pennsylvania · 1861
  3. Weist v. WullerSupreme Court of Pennsylvania · 1904

3Cited by15 opinions

  1. Beaver County Building & Loan Ass'n v. WinowichSupreme Court of Pennsylvania · 1936
  2. Spayd v. Ringing Rock LodgeSupreme Court of Pennsylvania · 1921
  3. Philadelphia Trust Co. v. Northumberland County Traction Co.Supreme Court of Pennsylvania · 1917
  4. Hogsett v. ThompsonSupreme Court of Pennsylvania · 1917
  5. City of Philadelphia v. LiebermanCourt of Appeals for the Third Circuit · 1940

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