Holdship v. Patterson
Supreme Court of Pennsylvania
ERROR to the district court of Alleghany county. Henry Holdship against Robert Patterson. Amicable action on the case. Case stated by the court, which, by agreement of the parties, is to be considered as a special verdict.
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ERROR to the district court of Alleghany county. Henry Holdship against Robert Patterson. Amicable action on the case. Case stated by the court, which, by agreement of the parties, is to be considered as a special verdict. The defendant, Robert Patterson, on the 1st of January 1823, and for some years previous, was a partner in trade with one Jonathan H. Lambdin in the business of bookseller and stationer in this place (Pittsburgh). On that day they failed to a large amount, and made assignments for the use of their creditors. In two of them the plaintiff is an assignee. Nevertheless, a…
1Opinion of the Court
*551The opinion of the Court was delivered by
Gibson, C. J.
Though a right to the debtor’s labour was given to an execution creditor by a provincial statute long since repealed, it exists not at the common law ; and the defendant was therefore .at. liberty to dispose of his services for his own purposes and on his own terms. His tangible earnings would become liable to execution for his debts; but he was not under even a moral obligation to restrict his efforts exclusively to the liquidation.of them. He might lawfully devote himself to the maintenance of his family only; and what was the engagement…
2Cited by51 opinions
- Nichols v. EatonSupreme Court of the United States · 1875
- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
- Jourolmon v. MassengillTennessee Supreme Court · 1887
- Borsch EstateSupreme Court of Pennsylvania · 1949
- Girard College TrusteeshipSupreme Court of Pennsylvania · 1958
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