Kern v. Powell
Supreme Court of Pennsylvania
June 3d 1881. Before Sharswood, C. J., Meeoue, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Error to the Court of Common Pleas of Lehigh coimty / Of Jaunary Term 1881. No. 168. Assumpsit, by A. M. Kern in trust for Mary Ann Kern against Welcome B. Powell, assignee for tbe benefit of the creditors of William Kern.
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June 3d 1881. Before Sharswood, C. J., Meeoue, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Error to the Court of Common Pleas of Lehigh coimty / Of Jaunary Term 1881. No. 168. Assumpsit, by A. M. Kern in trust for Mary Ann Kern against Welcome B. Powell, assignee for tbe benefit of the creditors of William Kern. Although the suit was brought against Powell as assignee, the plaintiff sought to charge him personally, and his being named as assignee was treated as surplusage. On the trial, before Albright, P. J., the following facts appeared : — On March 28th 1877, William Kern executed to…
1Opinion of the CourtJustice Mercur
The view we take of this case makes it unnecessary to con-, sider the assignments of error in detail.
Both parties claim bjr assignment from "William Kern, in trust. The legal plaintiff, in trust for the equitable plaintiff, by assignment dated the 28th March 1877 ; and the defendant as general assignee for the benefit of all creditors, by assignment dated 7th April thereafter.
Section 1 of the Act of 17th April 1843, Pur. Dig. 91, dedares all assignments of property in trust, thereafter made by debtors to trustees, to prefer one or more creditors, except wages of laborers not severally…
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