Mann v. Wakefield
Supreme Court of Pennsylvania
Appeal, No. 87, Oct. T., 1896, by J. A. Wakefield, from order of C. P. No. 1, Allegheny Co., March T., 1896, No. 343, making absolute a rule upon him to record an assignment, and file an inventory. Rule upon J. A. Wakefield to record a paper alleged to be an assignment for the benefit of creditors, and to file an inventory and enter bond.
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Appeal, No. 87, Oct. T., 1896, by J. A. Wakefield, from order of C. P. No. 1, Allegheny Co., March T., 1896, No. 343, making absolute a rule upon him to record an assignment, and file an inventory. Rule upon J. A. Wakefield to record a paper alleged to be an assignment for the benefit of creditors, and to file an inventory and enter bond. From the record it appeared that on June 11, 1895, F. H. Trembly & Co., who were insolvent, executed under seal the following paper: “Know all men by these presents that we, F. H. Trembly & Co. of the city of Pittsburg, Allegheny county, Pa., in…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
This case has all the elements which go to make a voluntary assignment under the act of 1843. There was a declaration (1) of trust; (2) made by debtors; (3) on account of present inability to pay their debts; (4) with intent to prefer certain creditors over others. It was immaterial, as was suggested by the court below, that no residuary interest was expressly reserved in favor of the assignors; for that was implied in the character of the transaction. The assignment does not purport to have been made in adjustment and satisfaction of the debt. Directness…
2Cited by4 opinions
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- Mann v. WakefieldSuperior Court of Pennsylvania · 1899