Nesmith v. Drum
Supreme Court of Pennsylvania
ERROR to the District Court of Mercer county. Thomas Nesmith having obtained a judgment against Jacob Drum, Henry Drum and James Collins, issued & fieri facias with a clause of attachment and scire facias against John Hawkins as garnishee, which was issued and served 14th June 1842. Upon interrogatories filed by the plaintiff, the garnishee answered that he owed a debt to Jacob Drum, Henry Drum and James Collins, of $297.27, for which they had obtained a judgment against…
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ERROR to the District Court of Mercer county. Thomas Nesmith having obtained a judgment against Jacob Drum, Henry Drum and James Collins, issued & fieri facias with a clause of attachment and scire facias against John Hawkins as garnishee, which was issued and served 14th June 1842. Upon interrogatories filed by the plaintiff, the garnishee answered that he owed a debt to Jacob Drum, Henry Drum and James Collins, of $297.27, for which they had obtained a judgment against him. Upon which the plaintiff asked for judgment against the garnishee. Whereupon William Wheelen by his attorney appeared…
1Per curiam
An equitable assignment is an agreement in the nature of a declaration of trust, which a chancellor, though deaf to the prayer of a volunteer, never hesitates to execute when it has been made on valuable, or even good consideration. Could there be a more explicit declaration than the order before us ? Drum and Collins draw on their lawyer for the proceeds of an action against Hawkins, which they declare in the order to have been appropriated to payment of their note in the Warren Bank, on which Wheelen, the payee, was one of their sureties. If this appropriation was a condition of the…
2Cited by17 opinions
- East Lewisburg Lumber & Manufacturing Co. v. MarshSupreme Court of Pennsylvania · 1879
- Pringle v. PringleSupreme Court of Pennsylvania · 1868
- State ex rel. State Bank v. HastingsWisconsin Supreme Court · 1862
- Fisher v. Stevens Coal Co. (Et Al.,)Superior Court of Pennsylvania · 1939
- Ruple ex rel. Lewis v. BindleySupreme Court of Pennsylvania · 1879
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