Assigned Est. of Graff, Bennett & Co.
Pennsylvania Court of Common Pleas, Alleghany County
No. 112 October Term 1891, Sup. Ct.; court below, No. 267 April Term 1888, C. P. No. 2. On October 1, 1888, John H. Bailey, assignee of Graff, Bennett & Co., for the benefit of creditors, filed an account showing for distribution the proceeds of certain real estate sold under an order of the court discharged of liens.
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No. 112 October Term 1891, Sup. Ct.; court below, No. 267 April Term 1888, C. P. No. 2. On October 1, 1888, John H. Bailey, assignee of Graff, Bennett & Co., for the benefit of creditors, filed an account showing for distribution the proceeds of certain real estate sold under an order of the court discharged of liens. The account having been confirmed, Mr. John G. MaeConnell was appointed auditor “ to distribute the balance in the hands of the assignee as per his account, and report a schedule of distribution.” On November 19, 1889, the auditor filed a report, to which exceptions were filed…
1Per curiam
This was an appeal by an assignee for creditors from a decree of the court below making distribution of the fund in his hands. He has no-beneficial interest in the distribution, and has no standing to appeal: Mellon’s App., 32 Pa. 121; Singmaster’s App., 86 Pa. 169; Herbst’s App., 90 Pa. 353. The assignee here, however, claims that he has the right to appeal on behalf of the general creditors. We are unable to see the force of this. If the general creditors have any claim upon this particular fund, they have the right to an appeal; if they have no such interest, they have no right of appeal,…
2Cases cited3 opinions
- Mellon's AppealSupreme Court of Pennsylvania · 1858
- Singmaster's AppealSupreme Court of Pennsylvania · 1878
- Herbst's & Buehler's AppealSupreme Court of Pennsylvania · 1879
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- Fuhrman's EstateSuperior Court of Pennsylvania · 1902
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