Peckham's Assigned Estate
Superior Court of Pennsylvania
Appeal, No. 183, Oct. T., 1907, by Isaac Lesher, from decree of C. P. Franklin Co., sustaining and overruling certain exceptions to the auditor's report in the matter of the Assigned Estate of Samuel F. Peckham. .Exceptions to report of J. D. Rice, Esq., auditor. The facts relating to the claim of Isaac Lesher are stated in the opinion of the Superior Court.
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Appeal, No. 183, Oct. T., 1907, by Isaac Lesher, from decree of C. P. Franklin Co., sustaining and overruling certain exceptions to the auditor's report in the matter of the Assigned Estate of Samuel F. Peckham. .Exceptions to report of J. D. Rice, Esq., auditor. The facts relating to the claim of Isaac Lesher are stated in the opinion of the Superior Court. As to the claim of the estate of J. S. Whitmer, deceased, it appeared that on the date of the assignment on October 18, 1905, the Farmers’ Bank of Mercersburg held two notes drawn by Peckham, and indorsed by Whitmer. After the assignment,…
1Opinion of the Court
Opinion by
Head, J.,
We think it must now be regarded as the settled law of this state that, as to the persons and subjects within the purview of the national bankruptcy act of July 1, 1898, our own Act of June 4, 1901, P. L. 404, relating to insolvency, never became operative: Potts v. Smith Mfg. Co., 25 Pa. Superior Ct. 206. The assignor, in the case before us, was a person to whom the provisions of the act of congress would apply. The learned court below was therefore clearly right in holding that the distribution of the assigned estate could not be controlled by the provisions of the act of…
2Cases cited8 opinions
- Peoples Street Ry. Co. v. SpencerSupreme Court of Pennsylvania · 1893
- Miller's AppealSupreme Court of Pennsylvania · 1860
- Potts v. Smith Manufacturing Co.Superior Court of Pennsylvania · 1904
- Stainer ex rel. Northampton County Building & Loan Ass'n v. Royal InsuranceSuperior Court of Pennsylvania · 1900
- Joseph P. Murphy Co.'s Assigned EstateSupreme Court of Pennsylvania · 1906
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3Cited by5 opinions
- In re Weedman Stave Co.District Court, E.D. Arkansas · 1912
- Fulton's EstateSuperior Court of Pennsylvania · 1917
- Matter of Adrian Research and Chemical Co., Inc., Bankrupt, William M. KirkpatrickCourt of Appeals for the Third Circuit · 1959
- Chambersburg Trust Co. v. AlexanderSuperior Court of Pennsylvania · 1931
- Fidelity-Philadelphia Trust Co. v. Philadelphia-Girard Nat. BankCourt of Appeals for the Third Circuit · 1929