Dalley's Estate
Superior Court of Pennsylvania
Appeal, No. 4, Feb. T., 1900, by Agnes B. Dailey, from decree of C. P. Lycoming Co., Sept. T., 1897, No. 92, confirming auditor’s report in the matter of the account of Anson Underwood, assignee of Jonathan Dailey. Opinion by W. W. Porter, J. W. D. Porter, J., dissents. Exceptions to auditor’s report. of the 25th judicial district, specially presiding. It appears from the record that, on June 21,1897, Jonathan Dailey and his wife Agnes C. executed a deed of assignment.
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Appeal, No. 4, Feb. T., 1900, by Agnes B. Dailey, from decree of C. P. Lycoming Co., Sept. T., 1897, No. 92, confirming auditor’s report in the matter of the account of Anson Underwood, assignee of Jonathan Dailey. Opinion by W. W. Porter, J. W. D. Porter, J., dissents. Exceptions to auditor’s report. of the 25th judicial district, specially presiding. It appears from the record that, on June 21,1897, Jonathan Dailey and his wife Agnes C. executed a deed of assignment. Almost the entire estate of assignor consisted of real estate, and the question arose on the distribution of the fund arising…
1Opinion of the Court
Opinion by
William W. Porter J.,
Referring to the consideration for the note given by Dailey to his wife, the auditor finds: “ That Jonathan Dailey received all or a greater part of this money from his wife is undoubtedly true, but the validity and bona fides of the lien procured therefor is questioned.” Again he finds : “ The auditor is forced to the conclusion that Jonathan Dailey received this money from his wife, but that he was to repay it with interest is not so well established.” Again: “ It is evident from these facts that Mr. Dailey was not acting in good faith-with his creditors. Was…
2Cases cited6 opinions
- Werner v. ZierfussSupreme Court of Pennsylvania · 1894
- Hawley v. GriffithSupreme Court of Pennsylvania · 1898
- Lahr's AppealSupreme Court of Pennsylvania · 1879
- Meckley's AppealSupreme Court of Pennsylvania · 1883
- Benson & West v. MaxwellSupreme Court of Pennsylvania · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Buckwalter Stove Co. v. EdmondsSupreme Court of Pennsylvania · 1925