Perit v. Pittfield
Supreme Court of Pennsylvania
This case was tried before Chief Justice Gibson, at Nisi Prius, and a verdicf taken for the plaintiffs by agreement, subject to the opinion of the Court in Bank, as to the right of the plaintiffs to recover. * It was an action brought by the plaintiffs, to recover from the estate of John Fohoell, in the hands of the defendants, as his assignnees, the amount of certain dividends declared by the defendants under the assignment.
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This case was tried before Chief Justice Gibson, at Nisi Prius, and a verdicf taken for the plaintiffs by agreement, subject to the opinion of the Court in Bank, as to the right of the plaintiffs to recover. * It was an action brought by the plaintiffs, to recover from the estate of John Fohoell, in the hands of the defendants, as his assignnees, the amount of certain dividends declared by the defendants under the assignment. The plaintiffs and Folwell were merchants in Philadelphia, and to explain the nature of their transastions, the plaintiffs first proved, that on the 19th of April, 1822,…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
Who after stating the facts, proceeded as follows: •The defendants contend in the first place, that by the assignment of the 30th'October, 1822, the property in the coffee was transferred to the plaintiffs, and received by them in full satisfaction and discharge of their debt from Folwell, so that the debt was extinguished. The sale of the coffee to Adams was on the plaintiffs' *171own account and at their risk, and they have no claim to a dividend on the funds assigned by Folwell. But on considering the previous transactions between the…
2Cited by8 opinions
- Borland v. Nevada BankCalifornia Supreme Court · 1893
- Miller's AppealSupreme Court of Pennsylvania · 1860
- Butler v. RockwellSupreme Court of Colorado · 1890
- First Nat. Bank v. NewtonSupreme Court of Colorado · 1887
- Berger v. BergerSuperior Court of Pennsylvania · 1910
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