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195 Pa. 272

Ferguson v. Greth

Supreme Court of Pennsylvania

Decided March 26, 1900

Supreme Court of Pennsylvania · decided 1900-03-26

Appeal, No. 47, Jan. T., 1900, by National Building and Savings Association No. 2, from order of C. P. Berks Co., Nov. T., 1899, E, D. No. 4, making absolute rule to show cause why a fund in court should not be paid to a trustee in bankruptcy, in case of Albert Ferguson et al. v. Darius P. Greth. Rule to show cause why a fund realized from a sheriff’s sale of real estate of Darius P. Greth should not be paid to Lewis T. Pry, trustee in bankruptcy.

Cited by 2 later decisions — most recently February 1902

2 district ·

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1900-03-26

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Per Curiam:,

¶1In this ease a petition in-bankruptcy against the defendant Greth was presented on April 3, 1899, upon which a contest arose as to the fact of his insolvency which was followed by an adjudication of bankruptcy on October 17, 1899. The appellant’s judgments were entered against him on January 10, 1899, and as that date was within four months of the time when the petition was filed, the case was brought directly within the express words of the 67th section of the present bankrupt law. It is very clearly and forcibly shown in tlie opinion of the learned court below, that it is not the date of the warrants of attorney authorizing the entry of judgment, but the date on which the judgments are actually entered that fixes the time from which the four months’ period begins to run. We do not see any escape from the conclusion thus reached, and we therefore find that there was no error in the order making absolute the rule to show cause why the fund in court should not be paid to the trustee in bankruptcy.

¶2Order affirmed at the' cost of the appellant.

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