Legal Opinion

Fenn v. McCarrell

Supreme Court of Pennsylvania

Decided April 11, 1904No. Appeal, No. 150PublishedCited by 3 opinions

Appeal, No. 150, Jan. T., 1903, by plaintiff, from decree of C. P. No. 2, Phila. Co., June T., 1898, No. 608, dismissing bill in equity in case of James V. Penn v. Samuel J. M. McCarrell et al. Bill in equity for an account.

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Appeal, No. 150, Jan. T., 1903, by plaintiff, from decree of C. P. No. 2, Phila. Co., June T., 1898, No. 608, dismissing bill in equity in case of James V. Penn v. Samuel J. M. McCarrell et al. Bill in equity for an account. The bill charged in substance that the defendants jointly combined to distribute in fraud of the rights of the plaintiff a certain fund amounting to $33,196, being the amount of a judgment obtained by the plaintiff Fenn against William Dickey and others in a proceeding in the court of common pleas of Jefferson county, affirmed by the Supreme Court (see Fenn v. Dickey, 178…

1Opinion of the Court

Per Curiam,

The plaintiff obtained a judgment in common pleas of Jefferson county against William Dickey and others, in the sum of $38,196 which was affirmed by this court: Fenn v. Dickey et al., 178 Pa. 258. All of defendants had an interest in the judgment. After its affirmance it was collected and the amount was by mutual arrangement divided among them, Pardee receiving $3,000, Harry A. Hoopes $10,949.35, J. Rider Cady $4,500, Samuel J. McCarrell $4,500, David Fleming’s executors $4,195.65, and plaintiff James Fenn $2,000. This distribution was made about January 15, 1895. Afterwards on…

2Cases cited1 opinion

  1. Fenn v. DickeySupreme Court of Pennsylvania · 1896

3Cited by3 opinions

  1. Rhinehart v. Victor Talking Mach. Co.District Court, D. New Jersey · 1917
  2. In re AldrichSupreme Court of Vermont · 1913
  3. Gould v. BrockSupreme Court of Pennsylvania · 1908

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