Open main menu

Page:United States Reports, Volume 2.djvu/67

This page needs to be proofread.


I Pbiladeqabia Courr or Couuon Pens. lt Q himfelf. The commillioners of bankruptcy appointed the faid ,79,, Robert Raylou, allignee. Part of the above feveral parcels of vwrsJ· oods, were fold by the faid William Pollard, previous to his Eankruptcy ; who, alfo previous to his faid bankruptcy, received part of the money for which they were fold ; the debts due for others of them were outllanding at faid time, and part of each of the faid feveral parcels, at the time of the faid bankruptcy, were in the hands of faid bankrupt, and were taken poffeflion of by the faid Robert Raylon, as aflignee, and by him fold. Qrcry ill. Is not William Price entitled to a moiety of the outflanding debts, not reduced to bond, or note, due from the goods fhipped as aforefaid, on his, and faid William Pollarlc account, each onehalf ? r 2d. Is he not entitled to a moiety of the fales, made by faid Robert Raylan, of the [aid goods, fhipped as aforefaid,on - faid William Price'.: and lVilliam Pollard’.r account, each onc· half ; which came to the faid Robcrt`Raylsn’r hands, as allignee, _ and which he has fold linee P gd. Is not the faid lVilliam Price entitled to the wholeof · the outltanding debts, not reduced to bond or note, due for the goods, fhipped to Melfrs. Robert Duncan, jim; E9' Comp¢my,a¤d which were depolited with the fame William Pollard, and fold by him previous to his bankruptcy ? 4th. Is not the faid }Wlliam Price, entitled to the whole of — the monies, proceeding from the fales of faid lall: mentioned goods, which were in William Pollard’.r hands at the bankrupt- cy, and which the faid Robert Rayloa took as aflignee and fold? gth. Is hWlliam Price, or is the ailignee of William Pollard, entitled to recover and receive the monies aforefaid, due upon bond payable to William Pollard, without defcribing him as agent, or attorney, for ”’Yllirmi Price ?" Four of the queftions being voluntarily yielded to Prke': claim, the fifth was argued in favour of the plaintiff, by Rawle, and Todd; and, in favour of the defendant, by Ingerjbll, and Core. It turned principally on the comparative meaning and conllruétion ofthe following fe£tions,in the lltatutes of 2I.y(|¢'· 1. rg. and in the aft of Penwlvania, for regulating bankruptcy. ` •‘ And for that, it often falls out, that many perfons, before they become bankrupts, do convey their goods to other men, upon good conlideration, yet {till do keep the fame, and are re- puted the owners thereof, and difpofe of the fame, as their own: Sec?. Xl. Be it enaélcd, 'I`hat, if at any time hereafter, any per- fon, or perfous, {hall become bankrupt, and at fuch time as they _ {hall fo become bankrupt, {hall, b the confent and permillion of the true owner and proprietary, liavc in their pollellion, order and difpolition, any goods or chattels, whereof they {hall be reputed owners, and take upon them the falc, alienation, or egfpo- tion