Fell v. McHenry
Supreme Court of Pennsylvania
Error to tbe District Court of Philadelphia. This was an amicable action on tbe case between George McHenry and John M. H. Smiley, assignees of tbe Western Insurance Company in trust for creditors, against Eranklin Fell, trading as C. J. Fell & Brother.
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Error to tbe District Court of Philadelphia. This was an amicable action on tbe case between George McHenry and John M. H. Smiley, assignees of tbe Western Insurance Company in trust for creditors, against Eranklin Fell, trading as C. J. Fell & Brother. The plaintiffs declared for the.trover and conversion of a promissory note made by the defendant below, C. J. Fell & Brother, dated 1st April 1857, to the order of the Western Insurance Company for $4000, payable inNtwelve months after date. The defendant pleaded “not guilty,” and the cause was tried on this issue. The material facts of the…
1Opinion of the Court
The opinion of the court was delivered, February 3d 1862, by
Read, J.
The real merits of this case have been settled by this court in Craig v. McHenry, 11 Casey 120, but exceptions were taken to the admission of two witnesses, Messrs. Goddard and Browne, and also to portions of the testimony, and to the charge of the court. Mr. Goddard was a creditor of the company, which was entirely insolvent, and has no interest either in the result of this suit or in the fund to which its proceeds were to go; and Mr. Browne was a stockholder, who had paid up the full amount of his stock, and had no possible…
2Cited by3 opinions
- Comerer v. Patrons' Mutual Fire Insurance Co. of Southern PennsylvaniaSuperior Court of Pennsylvania · 1913
- Hale v. Michigan Farmers' Mutual Fire-InsuranceMichigan Supreme Court · 1907
- Estate of Hallie Linn SwaneySuperior Court of Pennsylvania · 1928