James Rees & Sons Co. v. Hulings
Superior Court of Pennsylvania
Appeal, No. 205, April T., 1898, by George Nulton, labor claimant, from decree of C. P. Beaver Co., June Term, 1898, No. 2, affirming auditor’s report. Exceptions to auditor’s report distributing proceeds of sheriff’s sale.
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Appeal, No. 205, April T., 1898, by George Nulton, labor claimant, from decree of C. P. Beaver Co., June Term, 1898, No. 2, affirming auditor’s report. Exceptions to auditor’s report distributing proceeds of sheriff’s sale. Before Wilson, P. J. It appears from the record and the evidence that Hulings Bros., general contractors, made an assignment for thé benefit of creditors, but before the execution of the deed of assignment various writs of execution had been issued under which property was sold which was used by the contractors in the erection and construction of a dam under a contract…
1Opinion of the Court
Opinion by
William W. Portee, J.,
We have in this case to determine whether in the distribution of a fund raised by a sheriff’s sale of personal property, the execution creditors or the labor claimants shall have priority.
Hulings Brothers were engaged for some fifteen years in a general contracting business, including the towing of barges, the lajdng of pipe lines and of water lines, the building of waterworks, dredging, steamboating and a general marine business. They failed in November, 1897. The fund upon which this controversy arises, was produced by a sale under executions levied upon…
2Cases cited7 opinions
- Mulholland v. Wood, Brown & Co.Supreme Court of Pennsylvania · 1895
- Sproul v. MurraySupreme Court of Pennsylvania · 1893
- Ely v. StantonSupreme Court of Pennsylvania · 1888
- Sullivan's AppealSupreme Court of Pennsylvania · 1874
- Llewellyn's AppealSupreme Court of Pennsylvania · 1883
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