Towar v. Barrington
Philadelphia Court of Nisi Prius
In Equity. Motion for special injunction. This was a bill in equity filed by Alexander Towar against Edmond Barrington, George JD.
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In Equity. Motion for special injunction. This was a bill in equity filed by Alexander Towar against Edmond Barrington, George JD. Haswell, Mary Ann Haswell and Thomas Bell, setting forth that the complainant, being a bookseller and stationer, in Philadelphia and New Orleans, on or about the 26th May, 1838, sold out his stock in Philadelphia, to the firm of Haswell, Barrington & Has-well, (then consisting of John J. Haswell, since deceased, and the said E. Barrington and G. D. Haswell) and took from them a bond and warrant of attorney in the penal sum of $25,000, which, in an agreement…
1Opinion of the Court
The opinion óf the court was delivered by
Bell, J.
— I am unable to recognise any ground, presented by the pleadings and proofs, upon which the assignment made by Barrington & Haswell to Bell, can be successfully impeached. True, objections have been presented, but in my apprehension, none of them are sustainable.
The first is, that it is void under the statute of Elizabeth, as operating to hinder and delay the creditors of the assignors. Regarded generally, it operates no further to delay creditors than all similar assignments made by persons in insolvent circumstances. And yet these have never…
2Cases cited3 opinions
- Depeau v. WaddingtonSupreme Court of Pennsylvania · 1841
- Commonwealth v. GillSupreme Court of Pennsylvania · 1838
- Mackie v. CairnsNew York Court of Chancery · 1825