Milne, Brown & Co. v. Henry
Supreme Court of Pennsylvania
Error to tbe District Court of Allegheny county. This was a feigned issue, under tbe Sheriff’s Interpleader Act, to try tbe ownership of certain personal property, in a storeroom on the corner of South Common and Federal street, in Allegheny city, and in a store-room two doors above tbe corner, lately occupied by Jacob Burgaff, which had been levied on by the sheriff of Allegheny county as the property of N. Whiting.
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Error to tbe District Court of Allegheny county. This was a feigned issue, under tbe Sheriff’s Interpleader Act, to try tbe ownership of certain personal property, in a storeroom on the corner of South Common and Federal street, in Allegheny city, and in a store-room two doors above tbe corner, lately occupied by Jacob Burgaff, which had been levied on by the sheriff of Allegheny county as the property of N. Whiting. The parties to the issue were Nelson Henry, the claimant, and David Milne, David L. Browne & Co., Wain, Learning & Co., The Dwight Manufacturing Company, Boot Cotton Mills,…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
The difference between fraud in law and fraud in fact, is very marked, and not more so than is the method of dealing with it. Certain indicia being established, or capable of being so, its presence is determinable as a matter of law by the court, regardless of any evil intent on part of the agents engaged in it. But fraud in fact, rests mainly upon the fraudu-i lent intent, and the facts establishing this are necessarily for the. jury, and must be clearly found.
The plaintiffs in error here, claim that the facts in this case, clearly…
2Cases cited3 opinions
- Hamilton v. RussellSupreme Court of the United States · 1803
- Young v. M'ClureSupreme Court of Pennsylvania · 1841
- Carpenter v. MayerSupreme Court of Pennsylvania · 1836
3Cited by5 opinions
- Bowersox v. Weigle & MyersSuperior Court of Pennsylvania · 1921
- Kendig v. BinkleySuperior Court of Pennsylvania · 1899
- Weller v. MeederSuperior Court of Pennsylvania · 1896
- In re American Knitting Co.District Court, M.D. Pennsylvania · 1938
- Real Estate-Land Title & Trust Co. v. Bankers Trust Co.Pennylvania Municipal Court, Philadelphia County · 1931