Schuette v. Swank
Supreme Court of Pennsylvania
Appeal, No. 115, Oct. T., 1919, by defendant, from judgment of O. P. Indiana Co., June T., 1918, No. 212, on verdict for plaintiff in case of William Schuette & Co. v. George W. Swank, Receiver of Hess Bros., Bankrupt. Issue to determine ownership of money paid into court.
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Appeal, No. 115, Oct. T., 1919, by defendant, from judgment of O. P. Indiana Co., June T., 1918, No. 212, on verdict for plaintiff in case of William Schuette & Co. v. George W. Swank, Receiver of Hess Bros., Bankrupt. Issue to determine ownership of money paid into court. Before Langham, P. J. At the trial plaintiff’s witness, William Schuette, being on the stand, was asked: Q. You may state, Mr. Sehuette, after this conversation and this examination and your report from Mr. Gillen, whether or not you believed the concern solvent? Objected to as incompetent. Objection overruled. Exception…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This is an issue to determine the ownership of a fund paid into court and turns on the validity of certain assignments under the bankruptcy law. Hess Brothers were building contractors engaged in the erection of a large number of houses for mining operators in and about Indiana County, and, in July, 1917, contracted with the plaintiff corporation for a large .amount of lumber, which was delivered as required and resulted in an indebtedness of $28,000. They were financially embarrassed, and became more so as the season advanced. Their notes and checks went to…
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