Christ v. Zehner
Supreme Court of Pennsylvania
Appeal, No. 204, Jan. T., 1904, by-plaintiff, from order of C. P. Schuylkill Co., May T., 1908, No. 300, refusing to take off nons-uit in case of Charles E. Christ, Trustee of the Estate of Emma C. Kintz, trading as Kintz & Co., v. Jacob Zehner. Assumpsit to recover money alleged to have been derived from an unlawful preference. Before Marr, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 204, Jan. T., 1904, by-plaintiff, from order of C. P. Schuylkill Co., May T., 1908, No. 300, refusing to take off nons-uit in case of Charles E. Christ, Trustee of the Estate of Emma C. Kintz, trading as Kintz & Co., v. Jacob Zehner. Assumpsit to recover money alleged to have been derived from an unlawful preference. Before Marr, J. The facts are stated in the opinion of the Supreme Court. The court granted a compulsory nonsuit which it subsequently refused to take off. Error assigned was order refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
Previous to July, 1901, Emma C. Kintz, trading as Kintz & Company, carried on a general store business at Tamaqua,Pennsylvania. Her husband, David Kintz, managed the store under a general power of attorney for his wife. In July, 1901, Kintz & Company owed considerable money, and were alleged by plaintiff to have been insolvent. On July 5, 1901, Mrs. *190Kintz gave her judgment bond to Jacob Zehner, the defendant, for the sum of $1,200, the date of payment being left blank. This was not entered of record. On the same date she also gave to Zehner a bill of sale for the…
2Cases cited5 opinions
- Stewart v. PlattSupreme Court of the United States · 1879
- Sawyer v. TurpinSupreme Court of the United States · 1875
- Hauselt v. HarrisonSupreme Court of the United States · 1882
- Collins's AppealSupreme Court of Pennsylvania · 1883
- Adams v. CollierSupreme Court of the United States · 1887
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- In re MinaDistrict Court, W.D. Pennsylvania · 1914
- Zehner v. Southern Surety Co.Court of Appeals for the Third Circuit · 1921
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