Legal Opinion

Pancoast v. Gowen

Supreme Court of Pennsylvania

Decided January 27, 1879PublishedCited by 9 opinions

Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term 1878, No. 82. Attachment-execution by S. Pancoast against Henry Gowen and others, trading as The Philadelphia Stock Exchange, garnishees. Upon a judgment obtained by Pancoast against Joseph L. Houston, an attachment execution was issued and served upon Gowen and others, trading as The Philadelphia Stock Exchange, as garnishees.

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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term 1878, No. 82. Attachment-execution by S. Pancoast against Henry Gowen and others, trading as The Philadelphia Stock Exchange, garnishees. Upon a judgment obtained by Pancoast against Joseph L. Houston, an attachment execution was issued and served upon Gowen and others, trading as The Philadelphia Stock Exchange, as garnishees. The answers of tho garnishees to the interrogatories filed admitted that Houston, the defendant in the judgment, owned a seat in the stock exchange, against which there were no claims by…

1Opinion of the Court

The judgment of the Supremo Court was entered, Februarv 24th 1879,

2Per curiam

— 0A seat in the board of brokers is not property subject to execution in any form. It is a mere personal privilege, perhaps more accurately, a license- to buy and sell at the meetings of the board. It certainly could not be levied on and sold under a fi. fa. The sheriff’s vendee would acquire no title which he could enforce, nor is it within either the words or the spirit of the Act of June 16th 1836, sect. 35, Pamph. L. 767, providing for attachment on judgment. Whether the proceeds of the sale of the seat in the hands of the…

3Cited by9 opinions

  1. Garber v. Bankers' Mortgage Co.District Court, D. Kansas · 1928
  2. Wagner v. Farmers Co-operative Exchange Co. of Good ThunderSupreme Court of Minnesota · 1920
  3. In re PageCourt of Appeals for the Third Circuit · 1901
  4. In re StringerCourt of Appeals for the Second Circuit · 1918
  5. Gordon v. ReesSuperior Court of Pennsylvania · 1944

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