In re Lewis

J. B. McPHERSON, District Judge.

Whatever may be the rule in other jurisdictions, it has for 50 years been settled law in Pennsylvania that “the intention of the buyer of goods, at the time of purchasing them, not to pay, together with his insolvency at the time, and his knowledge of it, not communicated to the seller, will not avoid the sale after the delivery of the property sold. To avoid the sale, there must be artifice intended and fitted to deceive, practiced upon the vendor in procuring the property.” This was decided in Smith v. Smith, 21 Pa. 367, and, while the ruling was criticised…