Legal Opinion

Downing v. Gault

Superior Court of Pennsylvania

Decided July 29, 1898No. Appeal, No. 197PublishedCited by 6 opinions

Appeal, No. 197, April T., 1898, by defendant, from judgment of C. P. Venango Co., April T., 1896, No. 55, on verdict for plaintiff. Trespass. Before Criswell, P. J. It appears from the record that judgment having been obtained against Mary D. Carpenter, who was conducting a boarding house in Oil City, Pa., and buying supplies from the plaintiff in the judgment, execution was issued and levy and sale made of the property in the boarding house.

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Appeal, No. 197, April T., 1898, by defendant, from judgment of C. P. Venango Co., April T., 1896, No. 55, on verdict for plaintiff. Trespass. Before Criswell, P. J. It appears from the record that judgment having been obtained against Mary D. Carpenter, who was conducting a boarding house in Oil City, Pa., and buying supplies from the plaintiff in the judgment, execution was issued and levy and sale made of the property in the boarding house. Plaintiff in this case, daughter of the defendant in the execution, claimed the property on an alleged transfer from her mother. Notice having been…

1Opinion of the Court

Opinion by

Orlady, J.,

Mary D. Carpenter while indebted to Thomas E. Keating in the sum of $119.60, voluntarily transferred to her daughter, the plaintiff in this case, all of the personal property in a boarding house which was conducted by the mother. On the trial below the plaintiff testified to the consideration, viz : “Q. Now, what were you to pay for the property? State the circumstances under which you bought the property. A. Why, I bought it for $100, provided I let mother have a home with me. She said she had no other home if she sold that out. Q. Pursuant to that arrangement then you…

2Cases cited4 opinions

  1. Kohler v. Pennsylvania R.Supreme Court of Pennsylvania · 1890
  2. Hennon v. McClaneSupreme Court of Pennsylvania · 1879
  3. Sanders v. WagonsellerSupreme Court of Pennsylvania · 1852
  4. Shakely ex rel. Bartley v. GuthrieSuperior Court of Pennsylvania · 1896

3Cited by6 opinions

  1. Commonwealth v. SmithSupreme Court of Pennsylvania · 1942
  2. Pennsylvania Knitting Mills of Reading v. Bibb Manufacturing Co.Superior Court of Pennsylvania · 1900
  3. Scull v. EpsteinSuperior Court of Pennsylvania · 1950
  4. Isett v. MaclaySupreme Court of Pennsylvania · 1919
  5. Kins v. Pittsburgh Railways Co.Superior Court of Pennsylvania · 1943

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