Montgomery Web Co. v. Dienelt
Pennsylvania Court of Common Pleas, Montgomery County
No. 444 January Term 1889, Sup. Ct.; court below, No. 29 December Term 1888, C. P. On March 8, 1886, on application of the sheriff of Montgomery county, setting forth that certain chattels, levied on as the property of the Aronia Fabric Company, at the suit of Herman Dienelt and George F. Eisenhardt, trading as Dienelt & Eisenhardt, had been claimed by the Montgomery Web Company, the court granted a rule for an interpleader under the act of April 10, 1848, P. L. 450. The…
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No. 444 January Term 1889, Sup. Ct.; court below, No. 29 December Term 1888, C. P. On March 8, 1886, on application of the sheriff of Montgomery county, setting forth that certain chattels, levied on as the property of the Aronia Fabric Company, at the suit of Herman Dienelt and George F. Eisenhardt, trading as Dienelt & Eisenhardt, had been claimed by the Montgomery Web Company, the court granted a rule for an interpleader under the act of April 10, 1848, P. L. 450. The rule was made absolute the same day, and subsequently an issue, in which the Montgomery Web Co. was plaintiff, and Dienelt…
1Opinion of the Court
Opinion,
Mb. Justice Mitchell :
Two questions are presented in this case: First, whether the *594transfer from the Aronia company to plaintiff was fraudulent in fact, as against the appellants; and, secondly, whether it was fraudulent in law.
On the first question, the verdict of the jury was in favor of the good faith of the transaction; but unfortunately it is without weight, as it was rendered under a charge which scarcely permitted any other result, and which was justly open to the exceptions taken to it. Fraud, as has so often been said, can rarely be proved by direct and positive testimony,…
2Cited by42 opinions
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- Atlas Portland Cement Co. v. American Brick & Clay Co.Supreme Court of Pennsylvania · 1924
- Morris v. MacIoneMississippi Supreme Court · 1989
- Iscovitz v. FildermanSupreme Court of Pennsylvania · 1939
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