Smith v. Equitable Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 107, Jan. T., 1906, by the Equitable Trust Company, Assignee and Receiver of the Keen-Sutterle Company, from order of C. P. No. 2, Phila. Co., Sept. T., 1899, No. 792, dismissing exceptions to report of referee in case of C. Shillard Smith et al., trading as Phillip Jagode & Company v. The Equitable Trust Company et al. Exceptions to report of H. Gordon McCouch, Esq., referee. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 107, Jan. T., 1906, by the Equitable Trust Company, Assignee and Receiver of the Keen-Sutterle Company, from order of C. P. No. 2, Phila. Co., Sept. T., 1899, No. 792, dismissing exceptions to report of referee in case of C. Shillard Smith et al., trading as Phillip Jagode & Company v. The Equitable Trust Company et al. Exceptions to report of H. Gordon McCouch, Esq., referee. The facts are stated in the opinion of the Supreme Court. Error assigned was in dismissing exceptions to report of referee.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The Equitable Trust Company as assignee and receiver of Keen-Sutterle Company claimed that the balance of the fund in the hands of Jagode & Company should be awarded to it. The referee disallowed the claim, and exceptions were dismissed by the court below. The trust company has taken this appeal, claiming that the Tradesmen’s National Bank had nothing more than a secret lien in the way of a pledge or mortgage, and that its title could not prevail against the receiver.
*419Counsel for appellant seems to concede that Moors & Company are entitled to be paid out of the…
2Cases cited10 opinions
- White v. GunnSupreme Court of Pennsylvania · 1903
- Collins's AppealSupreme Court of Pennsylvania · 1883
- Twelves v. WilliamsSupreme Court of Pennsylvania · 1838
- In re Fulton's EstateSupreme Court of Pennsylvania · 1866
- Wright & Slingluff v. WigtonSupreme Court of Pennsylvania · 1877
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3Cited by8 opinions
- Fourth St. Nat. Bank v. Millbourne Mills Co.'s TrusteeCourt of Appeals for the Third Circuit · 1909
- First National Bank v. ReeseCourt of Judicial Discipline of Pennsylvania · 1947
- First National Bank of Pocatello v. Commercial Union Assurance Co.Idaho Supreme Court · 1925
- Johnson v. HobensackSupreme Court of Pennsylvania · 1935
- Smith v. StrickerSuperior Court of Pennsylvania · 1936
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