East Lewisburg Lumber & Manufacturing Co. v. Marsh
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Union county: Of May Term 1879, No. 200. In Equity. This was a bill in equity filed by The East Lewisburg Lumber and Manufacturing Company against James S. Marsh and D. S'. Kremer, trading as James S. Marsh, Charles G. Dunkel, general agent of the firm of James S. Marsh and Charles S. Wolfe, John K. Kremer and J. T. Baker, assignees, in trust for the benefit of the creditors of James S. Marsh.
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Appeal from the Court of Common Pleas of Union county: Of May Term 1879, No. 200. In Equity. This was a bill in equity filed by The East Lewisburg Lumber and Manufacturing Company against James S. Marsh and D. S'. Kremer, trading as James S. Marsh, Charles G. Dunkel, general agent of the firm of James S. Marsh and Charles S. Wolfe, John K. Kremer and J. T. Baker, assignees, in trust for the benefit of the creditors of James S. Marsh. The bill, in substance, alleged that James S. Marsh and D. S. Kremer were manufacturers of agricultural implements, under the firm name of James S. Marsh; that…
1Opinion of the CourtJustice Trunkey
Equity will support assignments of contingent interests and expectancies ; things which have no present actual existence, but rest in mere possibility, not indeed as a present positive transfer operative in prcesenti, for that can only be of a thing in esse, but as a present contract to take effect and attach as soon as the thing comes in esse. Story’s Eq. Jur., sects. 1040, 1055; Field v. The Mayor, &c., of New York, 2 Selden (6 N. Y.) 179. In Field’s case he held an assignment made by Bell to Garread of all bills that might become due to Bell for printing, paper, and stationery, done or…
2Cases cited1 opinion
- Nesmith v. DrumSupreme Court of Pennsylvania · 1844
3Cited by25 opinions
- Seaboard Small Loan Corporation v. OttingerCourt of Appeals for the Fourth Circuit · 1931
- In re Home Discount Co.District Court, N.D. Alabama · 1906
- Norris's EstateSupreme Court of Pennsylvania · 1938
- Patterson v. CaldwellSupreme Court of Pennsylvania · 1889
- Whelen v. PhillipsSupreme Court of Pennsylvania · 1892
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