Douglass Furnace Co. v. Oil Well Supply Co.

Citations

• 179 Pa. 643
• 36 A. 293
• 1897 Pa. LEXIS 705

Syllabus

<p>Use plaintiff — Assignment of claim — Receivers.</p> <p>In an action of assumpsit on a book account, it appeared that the indebtedness of the defendant, a corporation, had been assigned to a partnership whose affairs were in the hands of a receiver authorized to complete outstanding contracts of the partnership, and to use, for purposes of the receivership, the commercial and mining paper of the corporation coming into his hands. The receiver assigned the indebtedness to the use plaintiff, which assignment was ratified by the legal plaintiff. The defense was that attachments had been issued in the state of Ohio against the legal plaintiff, with notice to the receiver. The court gave binding instructions for the plaintiff. Held, (1) that as the attachments had not been served on the defendant it was not affected by them; (2) that the effect of the attachments in Ohio was a question which could not be raised by the defendant in Pennsylvania, but must be settled by the receiver with the court which has jurisdiction over his accounts; (3) that as to the defendant, both the legal plaintiff and the partnership of Corrigan, Ives & Co. have invested the use plaintiff with their interest in and title to the debt in- suit; (4) that payment of this judgment will relieve the defendant from further liability for the demand upon which it was founded; (5) that plaintiff has shown a right to recover in this case, and the judgment was properly entered.</p>