Smith v. Equitable Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 51, Jan. T., 1906, by plaintiff, from order of C. P. No. 2, Phila. Co., Sept. T., 1899, No. 792, dismissing exceptions to supplemental report of referee in case of C. Shillard Smith and Clarence L. Mellhenney, trading with Philip Jagode, now deceased, as Philip Jagode & Company, v. The Equitable Trust Company, Assignee and Receiver of the Keen-Sutterle Co., the Tradesmen’s National Bank of the City of New York, Joseph B. Moors and Arthur W. Moors, trading as J.…
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Appeal, No. 51, Jan. T., 1906, by plaintiff, from order of C. P. No. 2, Phila. Co., Sept. T., 1899, No. 792, dismissing exceptions to supplemental report of referee in case of C. Shillard Smith and Clarence L. Mellhenney, trading with Philip Jagode, now deceased, as Philip Jagode & Company, v. The Equitable Trust Company, Assignee and Receiver of the Keen-Sutterle Co., the Tradesmen’s National Bank of the City of New York, Joseph B. Moors and Arthur W. Moors, trading as J. B. Moors & Company, and Robert H. Foerderer. Exceptions to report of H. Gordon McCouch Esq., referee. The facts are…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The single question presented for decision by this appeal is ■whether under all the circumstances of the case Jagode & Company are entitled to charge against the fund in their hands the counsel fees and expenses incurred by them in maintaining their rights as pledgees of wool consigned to them by the KeenSutterle Company as against the attacks of other claimants. The referee held that they were so entitled, while the learned judge of the court of common pleas held that they were not. The general doctrine is not disputed that as between the consignor and the…
2Cases cited4 opinions
- Winton v. MorssSupreme Court of Pennsylvania · 1878
- Wilt v. VickersSupreme Court of Pennsylvania · 1839
- Rogers v. FalesSupreme Court of Pennsylvania · 1847
- Work v. TibbitsNew York Supreme Court · 1895
3Cited by34 opinions
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- Chatham Communications, Inc. v. General Press Corp.Supreme Court of Pennsylvania · 1975
- Montgomery Ward & Co., Inc. v. Pacific Indemnity CompanyCourt of Appeals for the Third Circuit · 1977
- Shapiro v. MagazinerSupreme Court of Pennsylvania · 1965
- Polka v. MaySupreme Court of Pennsylvania · 1955
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