Speed v. May
Supreme Court of Pennsylvania
Error to the Common Pleas of Union county. In this case, Joseph J. Speed, assignee of Lewis II. Giese and James II. Giese, lately doing business in the name of Giese & Son, endorsees of Geo. Gundrum, were plaintiffs, and William J. May and Reuben Klose, late partners, trading under the firm of May & Klose, were defendants.
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Error to the Common Pleas of Union county. In this case, Joseph J. Speed, assignee of Lewis II. Giese and James II. Giese, lately doing business in the name of Giese & Son, endorsees of Geo. Gundrum, were plaintiffs, and William J. May and Reuben Klose, late partners, trading under the firm of May & Klose, were defendants. The parties to this case, at May Term, 1851, agreed to submit to tbe court tbe following as a case stated, in tbe nature of a special verdict, with leave to either party to remove the judgment of the court thereon to the Supreme Court by writ of error. The case presented…
1Opinion of the Court
The opinion of the court, was delivered by
Gibson, C. J.
The principles of this case were discussed in Milne v. Moreton, 6 Bin. 360; in Mullikin v. Aughinbaugh, 1 Penn. R. 117; and in Lowry v. Hall, 2 W. & Ser. 131; to which it is sufficient to refer for them. It will there be seen, that an involuntary transfer of movable property abroad by process at home, does not divest the title in prejudice of creditors domiciled at the place of the actual situs ; but that a voluntary transfer by the act of the owner divests it everywhere. The legal situs follows the domicile of the owner, and the law of…
2Cases cited2 opinions
- Milne v. MoretonSupreme Court of Pennsylvania · 1814
- Allshouse v. RamsaySupreme Court of Pennsylvania · 1841
3Cited by4 opinions
- Fisher v. Pacific Mut. Life Ins.Mississippi Supreme Court · 1916
- Bacon, Baldwin & Co. v. Jos. Horne & Co.Supreme Court of Pennsylvania · 1889
- Yost v. GrahamWest Virginia Supreme Court · 1901
- DeTurck v. WoelfelSuperior Court of Pennsylvania · 1902