Griffin v. Rogers
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an attachment-execution issued March 20th 1858, by Mrs. Griffin, as administratrix of William Griffin, on a judgment against the Bank of Pennsylvania for $12,287.58, in which Charles H. Rogers, John B. Austin, and Adolph E. Borie, were summoned as garnishees. Interrogatories in the usual form were filed and answered by the garnishees, who also pleaded nulla bona.
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Error to the District Court of Philadelphia. This was an attachment-execution issued March 20th 1858, by Mrs. Griffin, as administratrix of William Griffin, on a judgment against the Bank of Pennsylvania for $12,287.58, in which Charles H. Rogers, John B. Austin, and Adolph E. Borie, were summoned as garnishees. Interrogatories in the usual form were filed and answered by the garnishees, who also pleaded nulla bona. On the 23d September 1858, the Bank of Pennsylvania delivered to the garnishees, acting on behalf of the other city banks, promissory notes and bills of exchange, amounting to…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
— We cannot regard this arrangement as being equivalent to an assignment for the benefit of creditors under the Act of 1818, and as thereby void because not recorded. It differs from the ordinary character of such assignments by being entered into, rather as security for a debt thereafter to be contracted by the advance of money, than as a means of paying debts, and by being a mere conditional pledge of securities which might be redeemed and reclaimed at any time, and not an absolute assignment of them; and these are essential…
2Cited by2 opinions
- Love v. ClaytonSupreme Court of Pennsylvania · 1926
- Hart's Assigned EstateSupreme Court of Pennsylvania · 1905