First National Bank v. Holmes, Lafferty & Co.
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1877, No. 37. This appeal was by Simon Marks, assignee of Jacob Needy, from tbe decree of tlie court confirming the report of the auditor appointed to distribute a fund paid into court by Holmes, Lafferty & Co., garnishees of said Jacob Needy.
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Appeal from the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1877, No. 37. This appeal was by Simon Marks, assignee of Jacob Needy, from tbe decree of tlie court confirming the report of the auditor appointed to distribute a fund paid into court by Holmes, Lafferty & Co., garnishees of said Jacob Needy. Marks was the assignee under a deed of voluntary assignment for the benefit of creditors, made by Jacob Needy, and dated at Pittsburgh July the 22d 3875. On that same day the plaintiff, The First National Bank of Newark, Ohio, had caused an attachment, under…
1Opinion of the CourtJustice Sharswood
As to the question discussed by the learned auditor in the court below, of the right of the assignee in this case to intervene and claim the fund, we think the authorities cited by him do not apply. It is true that he stands in the shoes of the assignor as to all transactions before the assignment. He could not set up the fraud of his assignor in any previous transfer or judgment. He does not represent the creditors, who may have superior claims, and he is not armed with their powers: Twelves v. Williams, 3 Whart. 492; Vandyke v. Christ, 7 W. & S. 373. Nor can he appeal from a decree…
2Cases cited3 opinions
- Twelves v. WilliamsSupreme Court of Pennsylvania · 1838
- Read v. RobinsonSupreme Court of Pennsylvania · 1843
- Vandyke v. ChristSupreme Court of Pennsylvania · 1844
3Cited by4 opinions
- Chipman & Holt v. Ninth N. BankSupreme Court of Pennsylvania · 1888
- Farabee v. McKerrihanSupreme Court of Pennsylvania · 1896
- Collins v. McKee ex rel. TrubySupreme Court of Pennsylvania · 1886
- Assigned Estate of WengerSuperior Court of Pennsylvania · 1896