Miller's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Northampton county. This was an appeal by Depue S. Miller from the decree of the court below distributing the estate of Christian Butz in the hands of his assignees in trust for the benefit of creditors. On the 7th July 1855, Depue S. Miller obtained a judgment against Christian Butz for $5900. And on the same day, Butz assigned all his estate to Herman S. Heckman and Depue S. Miller, in trust for the benefit of his creditors.
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Appeal from the Common Pleas of Northampton county. This was an appeal by Depue S. Miller from the decree of the court below distributing the estate of Christian Butz in the hands of his assignees in trust for the benefit of creditors. On the 7th July 1855, Depue S. Miller obtained a judgment against Christian Butz for $5900. And on the same day, Butz assigned all his estate to Herman S. Heckman and Depue S. Miller, in trust for the benefit of his creditors. On the 25th February 1856, Christian Butz, the assignor, became entitled to a legacy under the will of John Herster, deceased. And on…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
The question presented by this appeal arises out of the distribution of a fund in the hands of the assignees of Christian Butz, under a general assignment in trust for the benefit of creditors. A brief summary of the facts will make it easily understood. At the time of the assignment (July 7th 1855), Butz was indebted to Depue S. Miller, the appellant, in the sum of $5900, for which judgment was recovered on that day. Subsequently, the assignor became entitled to a legacy under the will of a certain John Herster, who died February 25th 1856.…
2Cases cited2 opinions
- Bank of Pennsylvania v. M'CalmontSupreme Court of Pennsylvania · 1833
- Perit v. PittfieldSupreme Court of Pennsylvania · 1835
3Cited by23 opinions
- Board of Com'rs v. HurleyCourt of Appeals for the Eighth Circuit · 1909
- Cowan v. Pennsylvania Plate Glass Co.Supreme Court of Pennsylvania · 1898
- United Security Trust Company CaseSupreme Court of Pennsylvania · 1936
- Prudential Trust Co.'s AssignmentSupreme Court of Pennsylvania · 1909
- Estate of Jamison & Co.Supreme Court of Pennsylvania · 1894
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