Chase v. Fisher

Citations

• 239 Pa. 545
• 86 A. 1094
• 1913 Pa. LEXIS 605

Syllabus

<p>Receivers — Receivers’ sale — Adequacy of price — Description of property — Application to set aside sale.</p> <p>1. On an appeal from a decree of the Common Pleas refusing to set aside a receiver’s sale and confirming the sale, all the testimony must be viewed in the light most favorable to the appellee.</p> <p>2. In such, a case if no request for definite findings of fact or conclusions of law are made to the court below, the appellate court, in reviewing the record on every issue between the parties, where sufficient proof appears to support the position taken below in favor of the appellee,' will take it that the court below found and concluded accordingly.</p> <p>3. A receiver’s sale of the property of an insolvent corporation will not be set aside at the instance of a bondholder, where the price is not clearly shown to have been inadequate, and it does not appear that the advertisement of the salé was insufficient or misleading, and where the objecting bondholder filed no exceptions to the account of the receiver of the money derived from the sale and delayed his appeal for seven months from the date of the confirmation of the account.</p>