Walker v. Marine National Bank
Supreme Court of Pennsylvania
October 18th 1881. Before Shabswood, O. J., Mebcur, Gordon, Paxson, Teunket, Steeeett and Green, JJ. Eeeoe to the Court of Common Pleas of Erie county: Of October and November Term 1881, No. 265. Feigned issue. On October 6th 1879, judgment was entered on a judgment note with warrant of attorney, dated October 1st 1879, payable October 2d 1879, in favor of Agnes C. Walker against William M. Caughey, Thomas M. Walker and C. J. Caughey.
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October 18th 1881. Before Shabswood, O. J., Mebcur, Gordon, Paxson, Teunket, Steeeett and Green, JJ. Eeeoe to the Court of Common Pleas of Erie county: Of October and November Term 1881, No. 265. Feigned issue. On October 6th 1879, judgment was entered on a judgment note with warrant of attorney, dated October 1st 1879, payable October 2d 1879, in favor of Agnes C. Walker against William M. Caughey, Thomas M. Walker and C. J. Caughey. The defendants were partners, trading as Caughey, Walker & Co. At the date of the judgment note, the said firm was insolvent, and on October 7th 1879, the day…
1Opinion of the CourtChief Justice Sharswood
It is well settled that the confession of a judgment to a bona fide creditor, even though it have the effect of giving him a preference over other creditors, is not a fraudulent disposition of an insolvent estate. It was held by this court in Oovanhovan v. Hart, 9 Harris 495, that a conveyance of land by a debtor in *579failing circumstances to a creditor to pay an’existing debt is not fraudulent although the parties contemplate that thereby the claims of other creditors will be defeated. Putting aside, then, all the evidence in this case that the parties confessed the judgment with the very…
2Cited by6 opinions
- Werner v. ZierfussSupreme Court of Pennsylvania · 1894
- Gordon v. Hartford Sterling Co.Supreme Court of Pennsylvania · 1944
- Miller v. South Hills Lumber & Supply Co.Supreme Court of Pennsylvania · 1939
- J. B. Larzelere & Son v. TielSuperior Court of Pennsylvania · 1896
- Dennis v. GroveSuperior Court of Pennsylvania · 1897
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