Lowry v. Coulter
Supreme Court of Pennsylvania
In error from the Common Pleas of Yenango. This was a feigned issue directed between Coulter & Co. and Lowry, who were execution-creditors of Reynolds & Son, to try the right to the proceeds of a sheriff’s sale of personal property. In May, 1846, Lowry filed a transcript of a judgment recovered in another county against Reynolds. On the 1st of August, 1846, Reynolds, at his own instance, confessed judgment to Coulter & Co. and several others, and executions were issued.
Read the full summary
In error from the Common Pleas of Yenango. This was a feigned issue directed between Coulter & Co. and Lowry, who were execution-creditors of Reynolds & Son, to try the right to the proceeds of a sheriff’s sale of personal property. In May, 1846, Lowry filed a transcript of a judgment recovered in another county against Reynolds. On the 1st of August, 1846, Reynolds, at his own instance, confessed judgment to Coulter & Co. and several others, and executions were issued. The evidence was that there was a written direction for an execution from Coulter and Co. On the 8d August the sheriff…
1Opinion of the CourtGibson, C. J.
Prima facie, no fraud is apparent in the confession of the judgment to Lowry & Son. At common law, a debtor might prefer particular creditors, and whether by assignment in trust, or by judgment and execution, was indifferent, the manner of doing it being modal. If, however, the purpose was not to prefer, but to delay, the transaction, in whatever form, would be within the 13 Elizabeth. The purpose may be a matter *351of inference by the court, or it maybe a matter of inference by the jury. In Twines’ case their respective functions were not distinguished and defined — an omission that has led to…
2Cases cited2 opinions
- Wood v. VanarsdaleSupreme Court of Pennsylvania · 1832
- Trovillo v. TilfordSupreme Court of Pennsylvania · 1837
3Cited by5 opinions
- Payne v. East Liberty Spear Co.Superior Court of Pennsylvania · 1938
- Stroudsburg Bank v. MillerSupreme Court of Pennsylvania · 1889
- Hartman v. HefflefingerSuperior Court of Pennsylvania · 1911
- Commonwealth ex rel. Specter v. RothmanPhiladelphia County Court of Quarter Sessions · 1966
- Parker v. RansleySuperior Court of Pennsylvania · 1923