Penn Plate Glass Co. v. Jones
Supreme Court of Pennsylvania
Appeal, No. 205, Oct. T., 1898, by plaintiff, from decree of C. P. No. 3, Allegheny Co., Nov. T., 1896, No. 860, on bill in equity. Bill in equity to restrain transfer of property.
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Appeal, No. 205, Oct. T., 1898, by plaintiff, from decree of C. P. No. 3, Allegheny Co., Nov. T., 1896, No. 860, on bill in equity. Bill in equity to restrain transfer of property. From the record it appeared that on October 8, 1896, The Penn Plate Glass Company, plaintiff, a corporation engaged in the manufacture of plate glass, obtained a judgment for $7,604.10, against W. S. Jones who had been shortly prior thereto engaged in business as a glass jobber on Liberty street, Pittsburg, under the name of “Campbell-Jones Glass Co.” On the same day plaintiff issued a writ of fieri facias on said…
1Opinion of the Court
Opinion by
Me. Justice Mitchell,
This is a bill by an attaching creditor seeking to have a transfer of property from Jones, the principal debtor, to Mellon & Sons, the garnishees, declared void, first as in fraud of creditors, and secondly, as to part of it, as an assignment for the benefit of creditors, not recorded within thirty days.
On the first point the referee found that Jones was indebted to the firm of Mellon & Sons, and was in failing circumstances, but “ was endeavoring to defer the inevitable result of his insolvency and liquidation, in the hope that, in some undefined way, he might…
2Cases cited6 opinions
- Werner v. ZierfussSupreme Court of Pennsylvania · 1894
- HandySupreme Court of Pennsylvania · 1895
- Henderson's AppealSupreme Court of Pennsylvania · 1858
- Vallance v. Miners' Life Insurance & Trust Co.Supreme Court of Pennsylvania · 1862
- Chaffees v. RiskSupreme Court of Pennsylvania · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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