Almi, Inc., a Pennsylvania Corporation
v.
Dick Corporation, a Pennsylvania Corporation. Plotkin Brothers, Inc., Appellant.
Almi, Inc.
v.
Dick Corporation. The United States, Appellant.
Commonwealth Court of Pennsylvania.https://leagle.com/images/logo.png
Argued May 2, 1977.
July 5, 1977.
Attorney(s) appearing for the Case
Harry R. Levy, for Plotkin Brothers, Inc.
Jack W. Plowman, with him Plowman and Spiegel, for Dick Corporation.
Arthur L. Bailey, with him Gary R. Allen; Gilbert E. Andrews; Myron C. Baum, Acting Assistant Attorney General; and, of counsel, Richard L. Thornburgh, United States Attorney; and Thomas A. Daley, Assistant United States Attorney, for The United States.
Lester G. Nauhaus, with him Ralph J. Cappy, for Palkovitz and Palkovitz.
Lawrence J.A. Purpura, Assistant Attorney General, with him Herbert W. Hoffman, Assistant Attorney General, and Robert P. Kane, Attorney General, for Commonwealth.
Argued May 2, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.
Commonwealth Court of Pennsylvania.
OPINION BY JUDGE ROGERS, July 5, 1977:
This case requires consideration of the right of a surety1 on promissory notes to set off the obligation as surety against the principal's funds, (1) where after becoming surety but before paying the notes the surety has been served with a writ of execution naming it garnishee of any funds of the principal coming into its possession, and (2...
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