Allen v. Erie City Bank
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county: to July Term 1867, No. 12. The Erie City Bank, in a suit brought to December Term 1855 against John Carter and Richard Carter, trading as J. & R. Carter, — on the 15th of March 1858, and after the death of Richard Carter, which was duly suggested, recovered a judgment for $4758.30 against John Carter, the surviving partner.
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Error to the Court of Common Pleas of Schuylkill county: to July Term 1867, No. 12. The Erie City Bank, in a suit brought to December Term 1855 against John Carter and Richard Carter, trading as J. & R. Carter, — on the 15th of March 1858, and after the death of Richard Carter, which was duly suggested, recovered a judgment for $4758.30 against John Carter, the surviving partner. On the same day, an attachment-execution was issued on the judgment with notice to John Carter and Lucien II. Allen, who survived Richard Carter, lately trading as Carters & Allen, garnishees. This writ was served on…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, C. J.
This controversy results' from proceedings
on an execution attachment, issued by the bank against the firm of J. & R. Carter, with service on the surviving partners ■ of the firm of Carters & Allen, and summons of them as garnishees. Subsequently, and before the issue on the sci. fa. was tried, John Carter, another of the firm, died, Avhich left Lucien II. Allen as surviving partner of the firm.’
John and Richard Carter, composed a mining and coal dealing firm, by the firm-name of J. & R. Carter; and John and Richard Carter and Lucien H.…
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