Legal Opinion

Brua's Appeal

Supreme Court of Pennsylvania

Decided July 3, 1867PublishedCited by 17 opinions

Appeal by S. M. Brua, from the decree of the Court of Common Pleas of Lancaster countjj^^aafeiBfring the report of auditors, making distribution of the moneys in the hands of John Quigley and John Kauffman, assignees of Gideon Kauffman.

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Appeal by S. M. Brua, from the decree of the Court of Common Pleas of Lancaster countjj^^aafeiBfring the report of auditors, making distribution of the moneys in the hands of John Quigley and John Kauffman, assignees of Gideon Kauffman. GideonJ^uffman, having made an assignment for the benefit of credjáÉ^^Be assignees on .the 11th day of May 1866, presented to the court their account, showing a balance of $6598.08 in their hands, and auditors were appointed to distribute it amongst the creditors. The controversy in the case was upon the following written contract and notes:— “Lancaster, April…

1Opinion of the Court

The opinion of the court was delivered, July 3d 1867, by

Thompson, J.

— Participation in the distribution of the funds in the hands of the assignee of Gideon Kauffman, an insolvent debtor, now deceased, by Swartz, the appellee, was resisted by the creditors of the former, on the ground that the four notes held by him, were given by Kauffman to Hollinger, without consideration, on a wagering contract, and passed to the appellee as collateral security for a debt due him by Hollinger, after maturity.

The auditors to report distribution of the fund awarded to the appellee a fro rata, notwithstanding…

2Cases cited2 opinions

  1. Edgell v. M'LaughlinSupreme Court of Pennsylvania · 1841
  2. Bayard v. PassmoreSupreme Court of Pennsylvania · 1802

3Cited by17 opinions

  1. Wigton's ReturnSuperior Court of Pennsylvania · 1942
  2. Peters v. GrimSupreme Court of Pennsylvania · 1892
  3. Anderson v. StateCourt of Appeals of Georgia · 1907
  4. Burney v. BlanksCourt of Appeals of Texas · 1911
  5. Ad-Lee Co. v. MeyerSupreme Court of Pennsylvania · 1928

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