Appeal of Golden
Supreme Court of Pennsylvania
Appeal from tbo Court of Common Pleas of Armstrong county: Of October and November Term 1885, No. 202. This was, in the court below, a petition by William F. Rum» berger and Mary A., bis wife, iu right of said Mary, for a citation upon John Murphy, assignee of Edward S. Golden under a voluntary assignment for the benefit of creditors, to show cause why he should not be dismissed and another assignee appointed.
Read the full summary
Appeal from tbo Court of Common Pleas of Armstrong county: Of October and November Term 1885, No. 202. This was, in the court below, a petition by William F. Rum» berger and Mary A., bis wife, iu right of said Mary, for a citation upon John Murphy, assignee of Edward S. Golden under a voluntary assignment for the benefit of creditors, to show cause why he should not be dismissed and another assignee appointed. The petition alleged that on November 16th, 1881, E. S. Golden made a voluntary assignment to John Murphy in trust for his creditors; that the said John Murphy has failed and neglected…
1Opinion of the CourtJustice Sterrett
Voluntary assignments for the benefit of creditors are so regulated by statute and governed by principles of equity that when duly executed and delivered neither the assignor nor his assignee, nor both together, can defeat the trust thereby created in favor of creditors. A failure to record the assignment within thirty days after its execution places it in the power of any creditor to proceed in the collection of his claim as though no assignment had been made; but even that neglect does not extinguish the trust as to other property than that taken in execution, or as to other creditors who…
2Cases cited1 opinion
- Read v. RobinsonSupreme Court of Pennsylvania · 1843
3Cited by2 opinions
- Walker v. EmerichSupreme Court of Pennsylvania · 1930
- Assigned Estate of WengerSuperior Court of Pennsylvania · 1896