Passmore v. Eldridge
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the District Court for the city and county of Philadelphia, in' an action brought by Joseph M. Eldridge and others, assignees of William Brown, an insolvent debtor, intrust for his creditors, under the insolvent law of Pennsylvania, against Passmore and Sparhawk, auctioneers of the city of Philadelphia4 for the recovery of the proceeds in a quantity of hides, placed in the hands of the defendants for sale, by the said William Brown.
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IN ERROR. Writ of error to the District Court for the city and county of Philadelphia, in' an action brought by Joseph M. Eldridge and others, assignees of William Brown, an insolvent debtor, intrust for his creditors, under the insolvent law of Pennsylvania, against Passmore and Sparhawk, auctioneers of the city of Philadelphia4 for the recovery of the proceeds in a quantity of hides, placed in the hands of the defendants for sale, by the said William Brown. The defendants were but stake holders, the real dispute being between the plaintiffs and William and Vincent Robinson, who claimed by a…
1Opinion of the CourtTilghmaN, C. J.
(after stating the facts, and the first part of the charge,) delivered the opinion of the court, as follows:
This charge was excepted to by the defendant’s counsel, as going too far, because there is nothing illegal, or unfair, in the debtor’s stipulating for some terms to his own advantage, provided he conveys his property to one of his creditors, for a valuable and adequate consideration, and the creditor is willing to relinquish part of the property so conveyed.
The charge is to be considered as applied to the evidence, and not as a general abstract proposition, that all conveyances are…
2Cited by6 opinions
- Beck v. BurdettNew York Court of Chancery · 1829
- Dana v. LullSupreme Court of Vermont · 1845
- M'Culloch v. HutchinsonSupreme Court of Pennsylvania · 1838
- M'Clurg v. LeckySupreme Court of Pennsylvania · 1831
- Harris v. SumnerMassachusetts Supreme Judicial Court · 1824
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