Kutz's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Ber7cs county: In Equity. Of January Term 1882, No 94. Appeal of George J. Ivutz, administrator of De Walt Kutz, deceased, from a decree of said court, dismissing his exceptions to the report of a Master, confirming the report, and dismissing his bill.
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Appeal from the Court of Common Pleas of Ber7cs county: In Equity. Of January Term 1882, No 94. Appeal of George J. Ivutz, administrator of De Walt Kutz, deceased, from a decree of said court, dismissing his exceptions to the report of a Master, confirming the report, and dismissing his bill. The bill in equity, filed by said George J. Kutz, administrator of DeWalt Kutz, deceased, against Polly Kieffer et ah, next of kin of Abraham Kieffer deceased, averred, in substance that DeWalt Kutz, in his lifetime, being indebted to said Abraham Kieffer, now deceased, in the sum of $10,000 for which he…
1Opinion of the Court
'Mr. Justice Teunkey-
delivered the opinion of the court, April 17th 1882.
The parties agree that De Walt S. Kutz became indebted to Abraham Kieffer in the sum of ten thousand dollars and interest thereon; that Kieffer became alarríied and apprehensive that the debt was not sufficiently secured ; that Kutz .on April 29th 1873, executed an assignment of the legacy to Kieffer; and that the full amount of said indebtedness has been paid. They disagree as to the character of the assignment, one averring that i t was collateral security for the indebtedness, the other, that it was absolute for a…
2Cited by5 opinions
- Kirmse v. AdlerSupreme Court of Pennsylvania · 1932
- Hamilton v. FaySupreme Court of Pennsylvania · 1925
- Maguire v. HeratySupreme Court of Pennsylvania · 1894
- Greenfield v. BlumenthalCourt of Appeals for the Third Circuit · 1934
- Pfeifer v. RahiserSuperior Court of Pennsylvania · 1896