Flick v. Devries
Supreme Court of Pennsylvania
Error to the Common Pleas of Somerset county. This was an issue under the Sheriff’s Interpleader Act, in which Eliza Flick was plaintiff, and Devries, Stephens & Thomas defendants, and which was awarded by the court to try the ownership to certain personal property which had been taken in execution as the property of Daniel Flick (husband of the plaintiff in the issue), at the suit of the defendants.
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Error to the Common Pleas of Somerset county. This was an issue under the Sheriff’s Interpleader Act, in which Eliza Flick was plaintiff, and Devries, Stephens & Thomas defendants, and which was awarded by the court to try the ownership to certain personal property which had been taken in execution as the property of Daniel Flick (husband of the plaintiff in the issue), at the suit of the defendants. Daniel Flick, prior to 24th August 185T, was engaged in the business of a country merchant; but on that day, finding himself in failing circumstances, made an assignment of all his property real…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
The infirmity of the plaintiff’s case consists in her failure to show that the money she-received at various times, several years previously to her setting up the store, went into the purchase of the goods. The receipt of these sums was so long prior to the purchase of the merchandise, that it afforded no adequate ground for a presumption of fact in favour of the wife, and, therefore, there was no error in withholding it from the jury. But in the absence of evidence to raise the presumption of fact, the legal presumption was in favour…
2Cited by2 opinions
- Heiges v. PiferSupreme Court of Pennsylvania · 1909
- Venne v. Kleiman, Pennsylvania Court of Common Pleas, Philadelphia County1951