Legal Opinion

Claster v. Soble

Superior Court of Pennsylvania

Decided May 4, 1903No. Appeal, No. 1PublishedCited by 7 opinions

Appeal, No. 1, Feb. T., 1903, by plaintiff, from order of O. P. Clinton Co., May T., 1901, No. 199, striking off judgment in case of Harris Claster & Company v. John J. Soble. Rule to strike off the judgment and fieri facias. Before Mayer P. J. From the record it appeared that on February 4, 1901, defendant presented his petition to the district court of the United States for the western district of Pennsylvania, and was duly adjudged a bankrupt.

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Appeal, No. 1, Feb. T., 1903, by plaintiff, from order of O. P. Clinton Co., May T., 1901, No. 199, striking off judgment in case of Harris Claster & Company v. John J. Soble. Rule to strike off the judgment and fieri facias. Before Mayer P. J. From the record it appeared that on February 4, 1901, defendant presented his petition to the district court of the United States for the western district of Pennsylvania, and was duly adjudged a bankrupt. At the time he filed his petition in bankruptcy, he accompanied it with a claim for his exemption under the act of April 9, 1849. Under this claim…

1Opinion of the Court

Opinion by

Beaver, J.,

Plaintiffs held a bill single of the defendant, dated September 10, 1900, for $250, with power of attorney to confess judgment and a waiver of exemption and other privileges, as collaterial security for a note of like amount which they indorsed for defendant. Judgment having been entered thereon, defendant applied by petition to the court below to have it stricken off, alleging that the note held by plaintiffs, upon which the judgment entered was collateral, had all been paid, except $100, which was evidenced by a renewal note held by the original holders and which had…

2Cases cited1 opinion

  1. May v. Merchants & Mechanics BankSupreme Court of Pennsylvania · 1885

3Cited by7 opinions

  1. Bowen & Thomas v. KellerSupreme Court of Georgia · 1908
  2. In re BrumbaughDistrict Court, D. Pennsylvania · 1904
  3. Walker Bros. v. Capital City Grocery Co.Court of Appeals of Georgia · 1922
  4. Realty Co. v. GioshioSuperior Court of Pennsylvania · 1912
  5. Finnell v. ArmouraUtah Supreme Court · 1911

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