Legal Opinion

M'Culloch v. Hutchinson

Supreme Court of Pennsylvania

Decided September 15, 1838PublishedCited by 8 opinions

ERROR to the common pleas of Alleghany county. M’Culloch & M’Donald against Samuel Hutchinson. Trespass. The facts of this case are, substantially, these: Peier Benninger and his brother Robert wishing to establish a store for the sale of dry goods, groceries, &c., in the village of Miller’s Eddy, in Armstrong county, purchased from the present plaintiffs a quantity of articles suited to their business amounting in all to about 1100 dollars; and also purchased from Messrs E.…

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ERROR to the common pleas of Alleghany county. M’Culloch & M’Donald against Samuel Hutchinson. Trespass. The facts of this case are, substantially, these: Peier Benninger and his brother Robert wishing to establish a store for the sale of dry goods, groceries, &c., in the village of Miller’s Eddy, in Armstrong county, purchased from the present plaintiffs a quantity of articles suited to their business amounting in all to about 1100 dollars; and also purchased from Messrs E. A. Brown & Co. dry goods to the amount of about 1000 dollars. The Benningers opened store in the fall of 1836. 1 On the…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

By the statute of 13 Elizabeth, c. 5, which is in force here, and which has been considered as made in affirmance of the common law, conveyances by debtors to the end, purpose and intent to delay, hinder or defraud creditors in the recoveryof their debts, are declared fraudulent and void as against such creditors. The statutes on this subject are liberally expounded for the protection of creditors, and) to meet the schemes and devices by which a fair exterior may be given to that which is in reality collusive. The means may be varied, but…

2Cases cited3 opinions

  1. Passmore v. EldridgeSupreme Court of Pennsylvania · 1824
  2. Livingston v. BellSupreme Court of Pennsylvania · 1834
  3. Rahn v. M'ElrathSupreme Court of Pennsylvania · 1837

3Cited by8 opinions

  1. Bentz v. RockeySupreme Court of Pennsylvania · 1872
  2. Newell v. WagnessNorth Dakota Supreme Court · 1890
  3. Walklin v. HorswillSouth Dakota Supreme Court · 1909
  4. Harris v. OsnowitzAppellate Division of the Supreme Court of the State of New York · 1898
  5. Fullerton v. ShaufferSupreme Court of Pennsylvania · 1849

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