Crawford County v. Merchants' Nat. Bank
Supreme Court of Pennsylvania
Appeal, No. 495, Jan. T., 1894, from decree of C. P. Crawford Co., Feb. T., 1891, on bill in equity. Bill to compel surrender of county warrants. The ease was referred to H. J. Humes, Esq., as master, from whose report it appeared that, on Dec. 5, 1890, the firm of Delamater & Co., bankers, made a voluntary assignment for the benefit of creditors to George W. Haskins and John O. Mc-Clintock.
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Appeal, No. 495, Jan. T., 1894, from decree of C. P. Crawford Co., Feb. T., 1891, on bill in equity. Bill to compel surrender of county warrants. The ease was referred to H. J. Humes, Esq., as master, from whose report it appeared that, on Dec. 5, 1890, the firm of Delamater & Co., bankers, made a voluntary assignment for the benefit of creditors to George W. Haskins and John O. Mc-Clintock. At the time of the assignment, Henry M. Miller, county treasurer, had §58,000 on deposit to his credit with the firm. Prior to the date of the assignment, Delamater & Co. had cashed a large number of…
1Opinion of the Court
Opinion by
Mr. Justice Green,
Although the Merchants Bank is nominally a party to this record they are not appellants, and have no interest in the suit. Their debt against Delamater & Co. was paid in full out of the proceeds of the sheriff’s sale of Delamater & Co.’s real estate, under judgments which were given to the bank by the firm or its members. As the county warrants delivered by Delamater & Co. to the Merchants Bank were pledged as col*113lateral for the same debts for which the judgments were confessed, the bank has not, and does not claim to have, any right to retain the warrants and must…
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