Fitzgerald v. Caldwell
Supreme Court of Pennsylvania
Arthur Vance, Richard Caldwell and Robert Vanee, were joint partners in trade at Dominica; Hugh Moore and Alexander Johnston at St. Kitts.
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Arthur Vance, Richard Caldwell and Robert Vanee, were joint partners in trade at Dominica; Hugh Moore and Alexander Johnston at St. Kitts. The former house was indebted to the latter; and the partnership of Andrew and James Caldwell of Philadelphia, being considerably indebted to the former, Robert Vance, surviving partner of Vance, Caldwell and Vance, gave a letter of attorney, on the 27th of May 1780, to George Fitzgerald, the plaintiff, to collect their debts in Pennsylvania. On the 8th April 1782, Andrew and James Caldwell paid Fitzgerald 6600I. in notes and acceptances, as attorney of…
1Opinion of the CourtM’Kean, C. J.
Since the act of assembly passed in 1705, foreign attachments have been governed by the same rules as in London, and other cities in .England, where they have been used, as nearly as convenience and the words of the act would admit. In all these places as well as here, it has been the established custom, that a garnishee is not liable to pay interest pending an attachment.
During this period, the property attached is in the custody of the law. The debtor cannot pay his debt to the original creditor with safety, because he might be liable to pay it twice, and the law does not require any thing…
2Cases cited2 opinions
- Irvine v. Lumbermen's BankSupreme Court of Pennsylvania · 1841
- Mackey v. HodgsonSupreme Court of Pennsylvania · 1848
3Cited by11 opinions
- Howland v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1896
- Lebowitz v. Forbes Leasing and Finance CorporationDistrict Court, E.D. Pennsylvania · 1971
- Moscow Fire Insurance Co. of Moscow v. Heckscher & GottliebAppellate Division of the Supreme Court of the State of New York · 1940
- Clement v. CourtrightSuperior Court of Pennsylvania · 1898
- In the Matter of Consolidated Container Carriers, Inc., Bankrupt. Maurice Stern, TrusteeCourt of Appeals for the Third Circuit · 1967
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