M'Ginn v. Holmes
Supreme Court of Pennsylvania
ERROR to Alleghany county. - Common pleas. This was an action of assumpsit by Sheply R. Holmes and Charles Wallace, assignees of Lewis Peters, for the use of Edward Patchel, against Matthew M’Ginn, to recover the price of leather sold to the defendant. Lewis Peters, being the owner of a tanyard and stock, made an assignment of it to Holmes and Wallace, in trust for the benefit of certain of his creditors.
Read the full summary
ERROR to Alleghany county. - Common pleas. This was an action of assumpsit by Sheply R. Holmes and Charles Wallace, assignees of Lewis Peters, for the use of Edward Patchel, against Matthew M’Ginn, to recover the price of leather sold to the defendant. Lewis Peters, being the owner of a tanyard and stock, made an assignment of it to Holmes and Wallace, in trust for the benefit of certain of his creditors. Holmes and Wallace gave a written authority to Peters to manage the yard and to replenish the stock, and to sell and appropriate the proceeds to the discharge of the preferred debts. Lewis…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Peters undoubtedly had an interest which disqualified him as a witness, and one which was not removed by the release of the assignees, to whom he was liable for nothing. His competency depended on whether his interest in the debt assigned to Patchel was extinguished by the express or implied terms of the assignment. It is immaterial to the question, whether Patchel derived title immediately from Peters, or through the assignees, as all the parties in interest had joined in the transfer. This transfer was made to Patchel in recompense of a…
2Cited by9 opinions
- Bank of St. Marys v. St. John, Powers & Co.Supreme Court of Alabama · 1854
- Romaine v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2006
- Murray v. GouverneurNew York Supreme Court · 1800
- First Nat. Bank v. NewtonSupreme Court of Colorado · 1887
- M'Lughan v. BovardSupreme Court of Pennsylvania · 1835
4 more not listed; retrieve them via the Exa API.