Baldwin v. Patton
Supreme Court of Pennsylvania
ERROR to the common pleas of Bradford county. Ethan Baldwin against William Patton. Jlssumpsit. On the 1st December 1826, Ethan Baldwin, the plaintiff, made a voluntary assignment' of all his estate, real, personal, and mixed, to James S. Espy, George Nagle, and George Beatty, for the benefit of certain preferred creditors; the deed contained the following clause: “ The trustees, or any two of them, who are hereby empowered to act in all cases, will give public notice of…
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ERROR to the common pleas of Bradford county. Ethan Baldwin against William Patton. Jlssumpsit. On the 1st December 1826, Ethan Baldwin, the plaintiff, made a voluntary assignment' of all his estate, real, personal, and mixed, to James S. Espy, George Nagle, and George Beatty, for the benefit of certain preferred creditors; the deed contained the following clause: “ The trustees, or any two of them, who are hereby empowered to act in all cases, will give public notice of this assignment, and all persons who shall not within sixty days after such notice execute an absolute release, to one or…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant, J.
The plaintiff is the assignor under a voluntary assignment, and brings this action of assumpsit for money had and received against the defendant, who was the attorney for the assignees, and also a purchaser from them, of all their interest in the county of Bradford. The plaintiff alleges that the defendant procured from the assignees a transfer of the property in Bradford county for the sum of 300 dollars, when in fact it was worth a great deal more money; and offered to prove that, since the purchase of the property, besides money received…
2Cited by1 opinion
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