Werner v. Zierfuss
Supreme Court of Pennsylvania
Appeals, Nos. 343, 344, Jan. T., 1894, by defendant, from judgment of C. P. Northampton Co., June T., 1893, No. 1, on verdict for plaintiffs. Feigned issue to determine (1) whether the judgment upon which the execution was issued and the fund in court realized was given for a bona fide consideration, and (2) whether it was given and used for the purpose of defrauding plaintiffs, creditors of Joseph E. Gross, the execution defendant.
Read the full summary
Appeals, Nos. 343, 344, Jan. T., 1894, by defendant, from judgment of C. P. Northampton Co., June T., 1893, No. 1, on verdict for plaintiffs. Feigned issue to determine (1) whether the judgment upon which the execution was issued and the fund in court realized was given for a bona fide consideration, and (2) whether it was given and used for the purpose of defrauding plaintiffs, creditors of Joseph E. Gross, the execution defendant. On the trial, before Reeder, J., there was evidence to the ■effect that Francis Zierfuss loaned money to start Joseph E. Gross in business. The latter became…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
It was said by Chief Justice Black in Covanhovan v. Hart, 21 Pa. 495, the leading case in this state on conveyances in fraud of creditors, that “ if a debtor with the purpose to cheat his creditors converts his land into money because money is more easily shuffled out of sight than land, he commits a gross fraud,” and if the purchaser knowing his object assists in it, “ his title is worthless against the creditors although he may have paid a full price.” In such case the intent to cheat, common to both parties, enters into the whole transaction and makes it…
2Cases cited9 opinions
- Lake Shore Banking Co. v. FullerSupreme Court of Pennsylvania · 1885
- Artman v. GilesSupreme Court of Pennsylvania · 1893
- Covanhovan v. HartSupreme Court of Pennsylvania · 1853
- York County Bank v. CarterSupreme Court of Pennsylvania · 1861
- Bentz v. RockeySupreme Court of Pennsylvania · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Buckwalter Stove Co. v. EdmondsSupreme Court of Pennsylvania · 1925
- Shibler v. HartleySupreme Court of Pennsylvania · 1902
- Snayberger v. FahlSupreme Court of Pennsylvania · 1900
- Miller v. ShriverSupreme Court of Pennsylvania · 1900
- P.-P. T. Co. v. Polish N.C. Ch.Supreme Court of Pennsylvania · 1941
19 more not listed; retrieve them via the Exa API.