Worman v. Wolfersberger's Executors
Supreme Court of Pennsylvania
Error to the Common Pleas of Dauphin county. These were feigned issues directed by the Court of Common Pleas of Dauphin county, one between Worman & Stoneback, as plaintiffs, and Wolfersberger’s Executors, defendants; and the other between James, Kent & Santee, as plaintiffs, and the same persons as defendants.
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Error to the Common Pleas of Dauphin county. These were feigned issues directed by the Court of Common Pleas of Dauphin county, one between Worman & Stoneback, as plaintiffs, and Wolfersberger’s Executors, defendants; and the other between James, Kent & Santee, as plaintiffs, and the same persons as defendants. Levi Wolfersberger and Samuel Huntsberger, doing business in partnership in Harrisburg as merchants, began to apprehend, in December, 1851, that their creditors would press them, and in order to secure. those who had become their security when commencing business, they executed two…
1Opinion of the Court
The opinion of the Court, filed was delivered by
Lewis, J.
This is an issue between subsequent and prior judgment creditors of Levi Wolfersberger & Co., for the purpose of determining the rights of the first judgment. It is admitted to have been given for a just debt, but the objection to it is that it was given by the debtors, when in failing circumstances, with a view of preferring the plaintiffs therein, the debtors knowing at the time that they were insolvent. The debtors never made any assignment for the benefit of creditors, and the only title of the plaintiffs in this issue to enter into…
2Cases cited5 opinions
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- Stover v. HerringtonSupreme Court of Alabama · 1844
- Astor v. WellsSupreme Court of the United States · 1819
- Sands v. HildrethCourt for the Trial of Impeachments and Correction of Errors · 1817
- Pope v. AndrewsMississippi Chancery Courts · 1843