Assigned Estate of Wenger
Superior Court of Pennsylvania
Appeal, No. 8, March T., 1896, by W. A. Susong, from decree of C. P. Franklin Co., distributing balance appearing upon the first and final account of the assignee for the benefit of creditors of D. H. Wenger and wife. Exceptions to auditor’s report distributing balance of assigned estate.
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Appeal, No. 8, March T., 1896, by W. A. Susong, from decree of C. P. Franklin Co., distributing balance appearing upon the first and final account of the assignee for the benefit of creditors of D. H. Wenger and wife. Exceptions to auditor’s report distributing balance of assigned estate. It appears from the record that on August 28,1893, between 8 and 9 o’clock in the morning, D. H. Wenger confessed judgment on a single bill in favor of his wife, Mary C. Wenger, for the sum of $300. On the afternoon of the same day Wenger and wife executed a deed of assignment for the benefit of his…
1Opinion of the Court
Opinion by
Wickham, J.,
D. H. Wenger, being in embarrassed circumstances, confessed a judgment to his wife, Mary C. Wenger, and at a later hour, on the same day, made an assignment of all his estate for the benefit of his creditors.
The appellant here, a simple contract creditor of the assignor, attacked Mrs. Wenger’s judgment before the auditor appointed to report distribution of the assigned estate, alleging that it was collusively given to hinder, delay and defraud the husband’s creditors. The learned auditor after considering the evidence pro and con, found and reported that the judgment was…
2Cases cited5 opinions
- Fowler v. KingsleySupreme Court of Pennsylvania · 1878
- Artman v. GilesSupreme Court of Pennsylvania · 1893
- Susquehanna Mutual Fire Insurance v. Gackenbach & SeisloveSupreme Court of Pennsylvania · 1887
- First National Bank v. Holmes, Lafferty & Co.Supreme Court of Pennsylvania · 1877
- Appeal of GoldenSupreme Court of Pennsylvania · 1885
3Cited by1 opinion
- Jeannette Planing Mill Co. v. GreenawaltSuperior Court of Pennsylvania · 1899