Black's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Northampton county. This was an appeal by Robert J. Black from tho decree of the court below on the account of John Knecht and Joseph Sigman, assignees of Josiah Jones, in trust for the benefit of creditors.
Read the full summary
Appeal from the Common Pleas of Northampton county. This was an appeal by Robert J. Black from tho decree of the court below on the account of John Knecht and Joseph Sigman, assignees of Josiah Jones, in trust for the benefit of creditors. The material facts of the case, as found by the auditor to whom the account was referred, were these:— Josiah Jones and Henry Schweitzer were in partnership in the business 'of distilling, from some time in May 1858 until April 1860. On the 21st day of April 1860, the sheriff of said county, by virtue of two executions, Nos. 70 and 71, April Term 1860, at…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
Robert P. Black, the appellant, is a creditor of the firm of Jones & Schweitzer, but seeks to come in pari passu with the separate creditors of Jones, upon the fruits of his separate estate in the hands of his voluntary assignee for the benefit of creditors, because the debtor firm is insolvent. The learned judge in the court below decided that he could not do so, and we think rightly.
There is perhaps no subject on which so much has been written, and so indecisively written and said, as on the one or two questions which lie at the…
2Cases cited4 opinions
- Wilder v. KeelerNew York Court of Chancery · 1831
- Murrill v. NeillSupreme Court of the United States · 1850
- In re MarwickDistrict Court, D. Maine · 1845
- Crockett v. CrainSupreme Court of New Hampshire · 1856
3Cited by3 opinions
- Estate of Jamison & Co.Supreme Court of Pennsylvania · 1894
- In re TerensDistrict Court, E.D. Wisconsin · 1910
- Esack EstatePennsylvania Orphans' Court, Philadelphia County · 1954