Philson v. Barnes
Supreme Court of Pennsylvania
Error to the Common Pleas of Somerset county. This was a scire facias, by Samuel Philson and Daniel Brubaker, partners trading as Philson & Brubaker, against H. B. Barnes, who had been summoned as garnishee of John E. Willis, of Baltimore, in a foreign attachment.
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Error to the Common Pleas of Somerset county. This was a scire facias, by Samuel Philson and Daniel Brubaker, partners trading as Philson & Brubaker, against H. B. Barnes, who had been summoned as garnishee of John E. Willis, of Baltimore, in a foreign attachment. The case was this: — Philson & Brubaker, plaintiffs in error, had consigned butter to John E. Willis, of Baltimore, Md.; Willis rendered an account of sales, and the balance due them on account rendered was, on the^31st December 1859,' $157.52. They issued a foreign attachment against Willis, and summoned H. B. Barnes, with others,…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
In Speed v. May, 5 Harris 91, followed by Law v. Mills, 6 Id. 185, it was held that the validity of a voluntary assignment in trust is to be ascertained by the law of the place of its origin. The assignment in this case was a Maryland contract. It was sealed there and the trusts were to be executed there, and no attempt was made to show that it contravened the law of the state where it originated. But the Act of the 3d of May 1855, P. L. 415, enacted that where an assignment is made by a person of his or her estate within this Commonwealth for…
2Cited by3 opinions
- Bacon, Baldwin & Co. v. Jos. Horne & Co.Supreme Court of Pennsylvania · 1889
- Hilliard v. Enders & Co.Supreme Court of Pennsylvania · 1900
- DeTurck v. WoelfelSuperior Court of Pennsylvania · 1902