Furth v. Stahl
Supreme Court of Pennsylvania
Appeal, No. 185, Jan. T., 1901, by plaintiff, from order of C. P. No. 8, Phila. Co., March T., 1900, No. 458, sustaining exceptions to auditor’s report in case of Emanuel Furth v. Gustav Stahl. Exceptions to report of A. M. De Haven, Esq., auditor. From the auditor’s report it appeared that on November 24, 1899, the firm of Stahl & Straub, composed of Gustav Stahl and Joseph H. Straub, stock brokers, suspended payments.
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Appeal, No. 185, Jan. T., 1901, by plaintiff, from order of C. P. No. 8, Phila. Co., March T., 1900, No. 458, sustaining exceptions to auditor’s report in case of Emanuel Furth v. Gustav Stahl. Exceptions to report of A. M. De Haven, Esq., auditor. From the auditor’s report it appeared that on November 24, 1899, the firm of Stahl & Straub, composed of Gustav Stahl and Joseph H. Straub, stock brokers, suspended payments. On the following day Emanuel Furth, Esq., a member of the Philadelphia bar, was retained by Stahl. Shortly afterwards Stahl agreed to give to Mr. Furth a second mortgage on…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
It is to be regretted that the court did not file an opinion, or give reasons in any form for its decree. Where the decision of an auditor, referee or other officer acting in a judicial capacity is overruled by the court, justice to the court itself as well as to the officer and the parties, suggests that the reasons should bo stated. In the present case to a careful and elaborate report made by the auditor, the court’s own officer, exceptions which went merely to the result without indicating the grounds were sustained. No reasons were given by the court and no…
2Cases cited1 opinion
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
3Cited by12 opinions
- Conrad, Rubin & Lesser v. PenderSupreme Court of the United States · 1933
- Pratt v. BotheCourt of Appeals for the Sixth Circuit · 1904
- Tripp v. MitschrichCourt of Appeals for the Eighth Circuit · 1914
- In re HabeggerCourt of Appeals for the Eighth Circuit · 1905
- In Re Klein-Moffett Co.District Court, D. Maryland · 1928
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