Balthaser v. Bitner

Citations

• 61 Pa. Super. 611
• 1915 Pa. Super. LEXIS 381

Syllabus

<p>Attachment execution — Deposit of money for building purpose— Owner and contractor — Trusts and trustees.</p> <p>An owner employed a contractor to make alterations and repairs ■ to a dwelling “which alterations will be ordered by me from time to time as necessary to conform to each other.” The owner de- ■ posited in bank in the name of the contractor “as trustee” for the owner $1,500 to pay for bills as presented and approved by the owner and contractor “otherwise money to remain property of myself.” After the contractor had ordered some mill work to cost two hundred and fifty-eight dollars, a judgment creditor of the owner to the amount of two hundred dollars, attached the fund. After the attachment the contractor continued the work and expended thereon a sum in excess of fifteen hundred dollars. Held, that the attaching creditor was entitled to the payment of his judgment prior to any distribution to the contractor.</p>