Ramsay v. Hersker
Supreme Court of Pennsylvania
Appeal, No. 43, July T., 1892, by W. P. Ramsay, assignee for benefit of creditors of Jonas Hein, from judgment of C. P. Schuylkill Co., Jan. T., 1889, No. 126, on verdict for defendant, John Hersker. Assumpsit for difference between bid at sale of real estate by order of court, and price brought by property at resale.
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Appeal, No. 43, July T., 1892, by W. P. Ramsay, assignee for benefit of creditors of Jonas Hein, from judgment of C. P. Schuylkill Co., Jan. T., 1889, No. 126, on verdict for defendant, John Hersker. Assumpsit for difference between bid at sale of real estate by order of court, and price brought by property at resale. The facts appear by the opinion of the Supreme Court and by the charge of the court below, which was as follows, by Pershing, P. J.: [“ I think it is a fatal objection to the right of the plaintiff to recover here, that the undisputed evidence shows that notice was not given to…
1Opinion of the Court
Opinion by
Mr. Chief Justice Paxson,
The appellant is the assignee of Jonas Hein in trust for the benefit of the creditors of the latter. In pursuance of an order of the court of common pleas, he proceeded to sell at public sale, on the terms and conditions set forth in said order, the real estate of his assignor for the payment of debts. The property designated as No. 2, in said petition, was sold to John Hersker, the appellee, for the sum of $2,155, subject to the claim of the Philadelphia & Reading Coal and Iron Company for unpaid purchase money, amounting to $245.33. The appellee failed to…
2Cases cited5 opinions
- Paul v. ShallcrossSupreme Court of Pennsylvania · 1830
- Carver's AppealSupreme Court of Pennsylvania · 1879
- Banes v. GordonSupreme Court of Pennsylvania · 1848
- Weast v. DerrickSupreme Court of Pennsylvania · 1882
- Hare v. BedellSupreme Court of Pennsylvania · 1881
3Cited by3 opinions
- Pepper v. DeakyneSupreme Court of Pennsylvania · 1905
- Bruff v. StoopsSuperior Court of Pennsylvania · 1918
- Wolfson v. Gicas, Pennsylvania Court of Common Pleas, Schuylkill County1953