In re Dyott's Estate
Supreme Court of Pennsylvania
APPEAL from the District Court of the city and county of Philadelphia. In the action of Ball v. Dyott and several others, the real estate of the defendant Dr T. "W. Dyott was sold by writs of levari facias and venditioni exponas, and an auditor was appointed by the District Court to distribute the proceeds, which were claimed by depositors, note-holders of the Manual Labour Bank established by the defendant in the city of Philadelphia, and by other claimants.
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APPEAL from the District Court of the city and county of Philadelphia. In the action of Ball v. Dyott and several others, the real estate of the defendant Dr T. "W. Dyott was sold by writs of levari facias and venditioni exponas, and an auditor was appointed by the District Court to distribute the proceeds, which were claimed by depositors, note-holders of the Manual Labour Bank established by the defendant in the city of Philadelphia, and by other claimants. The fund in court, after deducting liens and charges, amounted to #15,714.39. The auditor reported that, The claims upon this fund…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
Whether certain post-notes, issued by T. W. Dyott, are covered by the bond executed the 9th of May 1836, is the first question which it is necessary to determine. It is recited in the bond, among other things, “that whereas T. W. Dyott has already, and is about to issue his certain promissory notes for the *489payment of divers sums of money, on their being presented at his banking-house in the city of Philadelphia, according to the tenor and effect of said notes, Now the condition, áse. is such, that if the above bounden Thomas W. Dyott shall at…
2Cases cited2 opinions
- Lewis v. Bank of Penn TownshipSupreme Court of Pennsylvania · 1838
- Ormsby v. FortuneSupreme Court of Pennsylvania · 1827
3Cited by3 opinions
- Jennings, Friedman & Stevens ex rel. Mercantile Trust Co. v. LoefflerSupreme Court of Pennsylvania · 1898
- Hanna v. HoltonSupreme Court of Pennsylvania · 1873
- Farmers Production Credit Assoc. v. Rauch, Pennsylvania Court of Common Pleas, Lehigh County1963