Legal Opinion

Appeal of Neafie

Supreme Court of Pennsylvania

Decided January 23, 1888No. 341, E. DPublishedCited by 5 opinions

January Term, 1887, No. 341, E. D., before Gordon, Ch. J., Parson, Sterrett, Green, Clark, and Williams, JJ. Appeal by Jacob J. Neafie et al., partners as Neafie & Levy, from a. decree of the Common Pleas No. 2 of Phidadelphia County in suit of New York National Banking Association v. American Ship Building Company, dismissing their exceptions to a master’s report and ordering the receiver to pay certain outstanding certificates from funds in his hands.

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January Term, 1887, No. 341, E. D., before Gordon, Ch. J., Parson, Sterrett, Green, Clark, and Williams, JJ. Appeal by Jacob J. Neafie et al., partners as Neafie & Levy, from a. decree of the Common Pleas No. 2 of Phidadelphia County in suit of New York National Banking Association v. American Ship Building Company, dismissing their exceptions to a master’s report and ordering the receiver to pay certain outstanding certificates from funds in his hands. On April 18, 1884, Henry H. Gorringe, receiver of the American Ship Building Company, petitioned the court for leave “to borrow the sum of…

1Opinion of the Court

Per Curiam :

The order of the court did not limit the payment of the certificates, to any particular fund. They were necessary for the-purpose of raising money with which to carry on the business in hand, and for that purpose they were issued. The power of *288the court so to do is not questioned; and if, it did not limit payment to a particular fund, any such limit apparent on,the face of those certificates was of no force or consequence, and this, because they were the mere forms by which the order of , the court was executed. We, therefore, concur in the decree of the court. On the question of…

2Cited by5 opinions

  1. Ellis v. Vernon Ice, Light, & Water Co.Texas Supreme Court · 1893
  2. International Trust Co. v. United Coal Co.Supreme Court of Colorado · 1900
  3. Sibley County Bank v. Crescent Milling Co.Supreme Court of Minnesota · 1925
  4. Broadwell v. RodriguesSupreme Court of Louisiana · 1866
  5. Woods v. LeeSupreme Court of Louisiana · 1869

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