Cowen v. Pennsylvania Plate Glass Co.

Citations

• 188 Pa. 542
• 41 A. 615
• 1898 Pa. LEXIS 643

Syllabus

<p>Corporations — Treasurer—Receivers—Preference—Judgments.</p> <p>Upon the promise of the directors of the company to give him judgment notes to secure him, the treasurer of a private manufacturing corporation advanced money to the company which was absolutely necessary to pay wages and freight bills in order to keep the works in operation. They refused to give the notes according to promise, and subsequently, upon a stockholders’ and creditors’ bill, the company was declared insolvent, and a receiver was appointed. After the appointment of a receiver, the treasurer filed a bill against the company as sole defendant, alleging the above facts, which were admitted by the company. Held, that under the facts alleged in plaintiff’s bill, he had no equity entitling him to a preference over creditors who had no lien at the date of the appointment of a receiver.</p> <p>Practice, Supreme Court — Appeals.</p> <p>A reargument, under color of an appeal, cannot be entertained, where all the questions raised were considered and determined on a former appeal, in the same cause, in which appellant was represented by counsel.</p>