Assigned Estate of Kreider
Supreme Court of Pennsylvania
APPEAL BY L. S. MURE EROM THE COURT OE COMMON PLEAS OE LANCASTER COUNTY. No. 402 January Term 1890, Sup. Ct.; court below, Trust Book, No. 12, p. 8. On December 4, 1888, Lewis S. Muir, as assignee for the benefit of creditors of Joseph Kreider and wife, settled an account, which on January 21, 1889, was confirmed nisi.
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APPEAL BY L. S. MURE EROM THE COURT OE COMMON PLEAS OE LANCASTER COUNTY. No. 402 January Term 1890, Sup. Ct.; court below, Trust Book, No. 12, p. 8. On December 4, 1888, Lewis S. Muir, as assignee for the benefit of creditors of Joseph Kreider and wife, settled an account, which on January 21, 1889, was confirmed nisi. In this account, the accountant charged himself with the Xtroceeds of a farm sold by him under the deed of assignment, with $125 rent received, and with $4 received upon the sale of some rails. Among the credits claimed in the account was one for the payment of $800 to the…
1Opinion of the Court
Opinion,
Me. Chief Justice Paxson:
The learned court below surcharged the accountant with the sum of $300, paid to the assignor under his claim of exemption. The ground of this surcharge was the fraud of the assignor. The authorities cited by the court fully sustain the position that if the debtor equivocates and dissembles, denies the ownership of that which he cannot hide, and embarrasses the officers of the law in the execution of their legal duties, he forfeits his right to exemption: See Strouse v. Becker, 38 Pa. 190; Huey’s App., 29 Pa. 219; Gilleland v. Rhoads, 34 Pa. 187; Imhoff’s App.,…
2Cases cited4 opinions
- Strouse's v. BeckerSupreme Court of Pennsylvania · 1861
- Huey's AppealSupreme Court of Pennsylvania · 1857
- Miller v. ImhoffSupreme Court of Pennsylvania · 1888
- Gilleland v. RhoadsSupreme Court of Pennsylvania · 1859
3Cited by6 opinions
- In re CoddingtonDistrict Court, M.D. Pennsylvania · 1904
- In re YostDistrict Court, M.D. Pennsylvania · 1902
- In re SchaferDistrict Court, E.D. Pennsylvania · 1907
- Frank v. KurtzSuperior Court of Pennsylvania · 1897
- Bixler v. KennedySuperior Court of Pennsylvania · 1916
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