Hacker v. Perkins
Supreme Court of Pennsylvania
This was an action of assumpsit for money had and received, brought by Hacker, Brown & Co. against Perkins, assignee of Peaslee, Sims & Co. The pleas were non-assumpsit and payment with leave, &c. The cause was tried at a Court of Nisi Prius held at Philadelphia by Gibson-, C. J. on the 28th of November, 1837, when the following facts appeared in evidence.
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This was an action of assumpsit for money had and received, brought by Hacker, Brown & Co. against Perkins, assignee of Peaslee, Sims & Co. The pleas were non-assumpsit and payment with leave, &c. The cause was tried at a Court of Nisi Prius held at Philadelphia by Gibson-, C. J. on the 28th of November, 1837, when the following facts appeared in evidence. On the 24th of November, 1832, Peaslee, Sims & Co. made a general assignment to the defendant, in trust for the payment of creditors, in certain classes, as follows: 1st class, “ All borrowed money loaned to the said firm of Peas-lee, Sims…
1Opinion of the Court
The opinion of the Court was delivered by
Hustox, J.
On the 24th of September, 1832, Charles S. Peaslee, John C. Sims, and William F. Burkhart made an assignment for the benefit of their creditors, to Mr. Perkins, the defendant, ,in trust to pay—
“ Class 1. All borrowed money loaned to the said firm of Peaslee, Sims &. Co., and for whieh neither the bond or note of the said firm is now held.
Class 2. All and every the sum and sums of money borrowed by the said firm from individuals or firms, for which either the bond or promissory note of the said parties of the first part have been given, and…
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