Thomas v. Jenks
Supreme Court of Pennsylvania
This was an appeal by Joseph S. Shan, assignee of Jenks and company, from the decision of the Court of Common Pleas of Bucks county, awarding to the plaintiffs the money in the hands of the sheriff, made under executions against Jenks and company.
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This was an appeal by Joseph S. Shan, assignee of Jenks and company, from the decision of the Court of Common Pleas of Bucks county, awarding to the plaintiffs the money in the hands of the sheriff, made under executions against Jenks and company. By indenture dated the seventh day of February, a. d. 1833, William P. Jenks and William Maris, trading as William P. Jenks & Co., made an assignment to Shan, of all the machinery, stock, goods, chattels, debts, moneys, effects, messuages, lands and tenements, book debts, accounts, claims, and all other things whatsoever of the said William P. Jenks…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
It is difficult, at a glance, to reconcile the mind to the decisions in support of these conditional assignments in any case; or comprehend how a 'conveyance which puts the debtor’s property beyond his creditor’s reach, except on terms prescribed by himself, can be any thing else than an act to ‘ delay hinder and defraud’ within the purview of the 13 Elizabeth. On the other hand, where the object is in truth distribution and not hindrance, the supervening delay being ,but incidental to the process, it is not easy to point out a defect in…
2Cited by14 opinions
- Lampson v. ArnoldSupreme Court of Iowa · 1865
- Thomas v. TrieberCourt of Appeals of Maryland · 1852
- Donoho v. Fish Bros. & Co.Texas Supreme Court · 1882
- Hennessy v. Western BankSupreme Court of Pennsylvania · 1843
- Sangston v. GaitherCourt of Appeals of Maryland · 1852
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