Legal Opinion

All Wyoming Building & Loan Ass'n Case

Supreme Court of Pennsylvania

Decided January 6, 1939No. Appeal, 307PublishedCited by 5 opinions

1Opinion of the Court

Opinion by

Mr. Justice Linn,

The Insolvency Act of 1901, P. L. 404, 39 PS section 90, was held, in the United Security Trust Company Case, 321 Pa. 276, 184 A. 106, to be a declaration of the policy of the law requiring the courts, in the distribution of the property of insolvents, to apply the so-called bankruptcy rule instead of the equity rule, 1 in passing on claims secured by property of the insolvent. In Emlen’s Estate, 333 Pa. 238, we held that section 28, providing for the surrender by a claimant of security, was intended to require only the surrender oí property of the insolvent and not…

2Cases cited5 opinions

  1. Ivanhoe Building & Loan Assn. v. OrrSupreme Court of the United States · 1935
  2. United Security Trust Company CaseSupreme Court of Pennsylvania · 1936
  3. Emlen's EstateSupreme Court of Pennsylvania · 1939
  4. Baker's Trust EstateSupreme Court of Pennsylvania · 1938
  5. Beckley v. VezuCalifornia Court of Appeal · 1937

3Cited by5 opinions

  1. Schneider v. Armour & Co.Massachusetts Supreme Judicial Court · 1948
  2. Mortgage Building & Loan Ass'n CaseSupreme Court of Pennsylvania · 1939
  3. Northern Trust Co. v. Philadelphia Wholesale Drug Co.Supreme Court of Pennsylvania · 1939
  4. New York Life Insurance v. Brith Achim Building & Loan Ass'nSupreme Court of Pennsylvania · 1939
  5. Penn State Construction Co. v. Newkirk Building & Loan Ass'nSuperior Court of Pennsylvania · 1942

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