Legal Opinion

Ashton's Appeal

Supreme Court of Pennsylvania

Decided February 13, 1873PublishedCited by 17 opinions

Appeal from Nisi Prius: In Equity: No. 10, to July Term 1868. On the 16th of May 1868, Charles M. Burns filed a bill against George H. Ashton, Joshua- Spering, Assignee, &c., of the National Safety Insurance and Trust Company, and said Company.

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Appeal from Nisi Prius: In Equity: No. 10, to July Term 1868. On the 16th of May 1868, Charles M. Burns filed a bill against George H. Ashton, Joshua- Spering, Assignee, &c., of the National Safety Insurance and Trust Company, and said Company. The bill set out: 1. In the month of May 1857, the complainant was indebted to the National Safety Insurance and Trust Company in the sum of $12,600, for which the company held, as collateral security, 125 shares of the capital stock of the Lehigh Coal and Navigation Company, and 700 shares of the capital stock of the Union Canal Company. With these…

1Opinion of the Court

The opinion of the court was delivered, February 13th 1873, by

Sharswood, J.

It is clear upon the facts as reported by the master, that on the 15th of December 1860, the debt due by Burns to the National Safety Insurance Company, for which the mortgage now in question was one of the collateral securities, crediting upon it the proceeds of the seven hundred shares of stock of the Union Canal Company, and of the one hundred and' twenty-five shares of Lehigh Coal and Navigation stock, was then more than paid. It did not appear that the creditor, the pledgee of the first-named stock, had in…

2Cases cited2 opinions

  1. Twelves v. WilliamsSupreme Court of Pennsylvania · 1838
  2. Commonwealth v. AurandSupreme Court of Pennsylvania · 1829

3Cited by17 opinions

  1. Allinger v. MelvinSupreme Court of Pennsylvania · 1934
  2. Kepler v. KeplerSupreme Court of Pennsylvania · 1938
  3. Anderson v. MessengerCourt of Appeals for the Sixth Circuit · 1907
  4. King v. Mellon National BankSupreme Court of Pennsylvania · 1909
  5. Callendar v. KellySupreme Court of Pennsylvania · 1899

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