Commonwealth v. Duma

Citations

• 17 Pa. Super. 90

Syllabus

<p>Assignment for creditors — Continuance of business — Landlord and tenant — lies adjudícala.</p> <p>Where a mining company has made an assignment for the benefit of creditors,-and the landlord of mining property leased to the assignor has permitted Lhe assignee to continue mining operations for over two years, and at the end of that time has appeared before an auditor appointed to pass upon exceptions to the assignee’s account, and has claimed priority for royalties accrued subsequently to the assignment, and such claim has been disallowed by the auditor and the court, and no appeal has been taken, the landlord thereafter has no right of action against the assignee and his sureties, for an alleged improper continuance of the business.</p>