Biddle v. Black
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 3, of Philadelphia county: Of January Term 1882, No. 26. On July 9th 1881, James C. Biddle and Ernest Weiss, trading as Biddle & Weiss, procured to be issued a writ of attachmentj under tlie act of March 17th 1869 (Purd. Dig. 53, pi. 71), wherein II. W. Black and---Moody were named as defendants.
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Error to the Court of Common Pleas No. 3, of Philadelphia county: Of January Term 1882, No. 26. On July 9th 1881, James C. Biddle and Ernest Weiss, trading as Biddle & Weiss, procured to be issued a writ of attachmentj under tlie act of March 17th 1869 (Purd. Dig. 53, pi. 71), wherein II. W. Black and---Moody were named as defendants. The plaintiff’s affidavit on which the attachment issued averred. an indebtedness due by defendants to plaintiffs, on a book account, for goods sold and delivered. The only averment charging fraud was the following: >l The defendants fraudulently contracted the…
1Opinion of the CourtJustice Mercur
The learned judge committed no error in dissolving the attachment. . The affidavit is defective. It does not set forth specifically, the fraudulent acts of the defendant: nor is it made in the words of the statute. It does not sufficiently describe the kind of property, and is wholly silent as to the time the merchandise was purchased. The evidence did not establish that possession of the goods was obtained by artifice or false pretences, indicating an intention to defraud the vendors. Mere insolvency and knowledge of it by the vendees do not establish fraud in the purchase: Rodman v.…
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- Pollock v. Chelsea Fiber MillsSuperior Court of Pennsylvania · 1911
- Armstrong Grocery Co. v. Hutchison, Pennsylvania Court of Common Pleas, Lawrence County1929
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