Assigned Estate of Boltz
Pennsylvania Court of Common Pleas, Lebanon County
No. 247 January Term 1890, Sup. Ct.; court below, number and term not given. On February 8, 1889, David Long filed his final account as assignee for the benefit of creditors of Stephen W. Boltz. Subsequently, the court appointed Mr. Charles H. Killinger, auditor, to distribute the fund shown by the account to be in the hands of the assignee.
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No. 247 January Term 1890, Sup. Ct.; court below, number and term not given. On February 8, 1889, David Long filed his final account as assignee for the benefit of creditors of Stephen W. Boltz. Subsequently, the court appointed Mr. Charles H. Killinger, auditor, to distribute the fund shown by the account to be in the hands of the assignee. The auditor reported, finding the following facts: Stephen W. Boltz, the assignor, being elected treasurer of Lebanon county in November, 1881, for the term of three years from January 2, 1882, gave his official bond to the county of Lebanon, dated…
1Per curiam
The appellants were entitled to be subrogated to the rights of the county of Lebanon. They were the sureties upon the official bond of the county treasurer, and had made good his deficit in his accounts as such treasurer. When, therefore, the assigned estate of the insolvent treasurer came before the court for distribution, they had the right to claim a dividend out of the said estate, and it is immaterial whether there was a formal substitution or not. It is the right of substitution which is the substantial thing. The right of substitution being shown, and the surety having paid the debt,…
2Cases cited6 opinions
- Fleming v. BeaverSupreme Court of Pennsylvania · 1828
- Dean & Son's AppealSupreme Court of Pennsylvania · 1881
- Wright v. Grover & Baker S. M. Co.Supreme Court of Pennsylvania · 1876
- Graeff's AppealSupreme Court of Pennsylvania · 1875
- Miller's EstateSupreme Court of Pennsylvania · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Estate of Jamison & Co.Supreme Court of Pennsylvania · 1894
- Myers v. MillerWest Virginia Supreme Court · 1898
- Chambersburg Trust Co. v. AlexanderSuperior Court of Pennsylvania · 1931
- Brock's Assigned Estate (No. 2)Supreme Court of Pennsylvania · 1933
- Lit Brothers v. GoodmanSuperior Court of Pennsylvania · 1940
1 more not listed; retrieve them via the Exa API.