Collins v. Houston
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFFS FROM THE COURT 01? COMMON PLEAsj OF ARMSTRONG COUNTY. No. 33 October Term 1890, Sup. Ct.; court below, No. 67 December Term 1887, C. P. On September 21, 1887, T. D. Collins, William Dickey, E. H. Darrab, W. G. McCain and others, trading as Collins, McCain & Co., brought replevin against A. C. Houston, assignee for creditors of G. W. Wilkins, for a lot of timber, part in raft and part in loose logs in Peart’s eddy.
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APPEAL BY PLAINTIFFS FROM THE COURT 01? COMMON PLEAsj OF ARMSTRONG COUNTY. No. 33 October Term 1890, Sup. Ct.; court below, No. 67 December Term 1887, C. P. On September 21, 1887, T. D. Collins, William Dickey, E. H. Darrab, W. G. McCain and others, trading as Collins, McCain & Co., brought replevin against A. C. Houston, assignee for creditors of G. W. Wilkins, for a lot of timber, part in raft and part in loose logs in Peart’s eddy. The property was re-plevied and delivered to the plaintiffs on the usual bond. The defendant then pleaded, non-eepit and property. At the trial on December 11,…
1Opinion of the Court
*490OPINION,
Ms. Justice Gbeen :
Tbe learned court below, in a very clear and impartial charge to the jury, carefully explained to them that the defendant was the assignee, for the benefit of creditors, of Gr. W. Wilkins; and that, as such, he was “ the direct representative of Wilkins. He stands, as it were, in Wilkins’s shoes; and we may say, further, which we are really requested to do in one of the points, that the remedy against him is the same and the rights of Houston are the same, as would be the remedies and rights with respect to Wilkins. They stand together; he, representing Wilkins, is…
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