Hallowell v. Williams

Citations

• 217 Pa. 501
• 66 A. 864
• 1907 Pa. LEXIS 746

Syllabus

<p>Receivers — Corporations—Executory contract — Equitable defense.</p> <p>In an action against a receiver of a corporation to recover for loss occasioned by the inability of the receiver to complete deliveries, through no fault of his own, on an executory contract for the future delivery of goods, with notice of such inability to the purchaser, an affidavit of defense is insufficient to prevent judgment, which fails to disclose equities in favor of other parties superior to the equities of the purchaser; and this is especially so where the receiver has not applied as provided by the act of congress of August 13, 1888, to the federal court, which appointed him, for equitable relief.</p>