Thompson v. McCleary

Citations

• 159 Pa. 189
• 28 A. 254
• 1893 Pa. LEXIS 1494

Syllabus

<p>Receivers— Corporations — Execution—Equity—Practice.</p> <p>The property of a corporation in the hands of a receiver cannot be levied upon and taken in execution under a judgment against an agent or partner •of the corporation, on the ground that the corporation, by permitting the .agent or partner to do business in his own name, and to sell the goods to the creditor without knowledge of the agency, was thereby estopped from •claiming the goods.</p> <p>In such ease it is the duty of the judgment creditor to apply to the court which appointed the receiver and ask the discharge of the property out of -custody, so that he may proceed against it.</p>