Raymond v. Schoonover

Citations

• 181 Pa. 352
• 37 A. 524
• 1897 Pa. LEXIS 550

Syllabus

<p>Partnership — Assignment for creditors — Possession of property.</p> <p>An assignee for the benefit of creditoi's of one of the individual partners of a firm has no right to the possession of any part of the firm property.</p> <p>Plaintiff sold machinery and appliances to a partnership, reserving the title to the property in himself until the purchase money should be fully paid. After the purchasers had taken possession, one of the partners gave her individual judgment note to a bank which immediately entered judgment upon the note. Subsequently she made an assignment for the benefit of creditors. Plaintiff brought an action of replevin against the assignee for the property sold. The assignee defended under the title of the bank which claimed to be a lien creditor of the individual assignor partner, on the ground that the property in question had as fixtures become part of the realty, the legal title to which was in such assignor. Held, (1) that even if the bank were in a position to assert its lien against the title of plaintiff, nevertheless the lien gave no right of possession, and the verdict should have been directed for the plaintiff, with a special finding as to whether the property was or was not subject to the lien of the bank’s judgment; (2) that on the undisputed facts a verdict should have been directed for the plaintiff ; (3) that if the bank desired to assert its claim, it should have done so in its own name, and by its own appropriate proceeding.</p> <p>Practice, Supreme Gourt — Assignments of error — Evidence.</p> <p>An assignment of error to the admission of testimony which fails to quote the testimony violates Rule XXTV., and should be entirely disregarded.</p>