M'Farland v. Stewart
Supreme Court of Pennsylvania
ERROR to Jllleghany county. This was an action of assumpsit by John Anderson, administrator of John M’Farland deceased, against Robert T. Stewart. M’Farland, in his lifetime, was the editor of the “Alleghany Democrat.” The materials in the office were levied on an execution. After his death they were sold to Robert T. Stewart, the defendant, by the sheriff. Stewart purchased the establishment for the benefit of the widow.
Read the full summary
ERROR to Jllleghany county. This was an action of assumpsit by John Anderson, administrator of John M’Farland deceased, against Robert T. Stewart. M’Farland, in his lifetime, was the editor of the “Alleghany Democrat.” The materials in the office were levied on an execution. After his death they were sold to Robert T. Stewart, the defendant, by the sheriff. Stewart purchased the establishment for the benefit of the widow. Afterwards he sold, with the approbation of the widow, to a third person, and with it sold the subscription list. The newspaper had never been discontinued. This action was…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The contents of the printing office were sold on an execution levied in the lifetime of M’Farland the decedent, and bought in by Stewart, who, it is said, has since sold to Johns, along with the types, presses, &c., the advantages of the whole as an -establishment; and the administrator of M’Farland insists, in behalf *112of the creditors, that Stewart, having sold these advantages as an additional matter, is liable to him for the proceeds as a part of the assets. Undoubtedly the custom or business of one established in an occupation, may…
2Cited by7 opinions
- Magee v. PopeMissouri Court of Appeals · 1938
- Holden's Administrators v. M'Makin, Pennsylvania Court of Common Pleas, Philadelphia County1847
- Van Der Burg v. BaileySupreme Court of Iowa · 1930
- Baer's EstatePennsylvania Orphans' Court, Montgomery County · 1940
- Barber v. Connecticut Mutual Life Ins.District Court, N.D. New York · 1883
2 more not listed; retrieve them via the Exa API.