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1 Walk. 451

Wolfe & McLean's Appeal

Supreme Court of Pennsylvania

Decided October 15, 1877

Supreme Court of Pennsylvania · decided 1877-10-15

23, October and November Term, 1877. Goods had been supplied to the miners in a colliery, upon orders of the operators, who afterwards made an assignment for thé benefit of creditors, and on distribution of the assigned estate, the holders of the orders claimed the preference as assignees of the miners’ claim.

Decided 1877-10-15

¶1The Supreme Court affirmed the decision of the Court below on October 15th, 1877, in the following opinion :

Per Curiam.

¶2The auditor’s report finds that there was no assignment, legal or equitable, of any of the orders paid by the appellants given to *454miners for their wages, nor any arrangement which looked topreserving the lien, in favor of the appellant. There is some evidence looking in that direction, but we cannot say its weight is sufficient to overturn the finding of the auditor, affirmed by the Court. Without some fact to remove the presumption of a satisfaction of the wages, by payment of the orders, the case does not fall within the principles ruled in the Philadelphia Safe Deposit Co.’s Appeal, 2 W. N. C., 593.

¶3Decree affirmed, with costs to be paid by appellants, and appeal dimissed.

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