Wolf v. Carothers
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Dauphin county.. ERROR to the Common Pleas of Dauphin county.. THIS was a feigned issue, directed by the Court of nmon PÍeas of Dauphin county, in which John Carothers plaintiff and Henry Wolf defendant; the object being to whether a bond, given by David Peiffer to his father, ob Peiffer, a short time before David became insolvent, bona fide, and for a valuable consideration. The dispute between the creditors of David Peiffer.
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In Error. ERROR to the Common Pleas of Dauphin county.. ERROR to the Common Pleas of Dauphin county.. THIS was a feigned issue, directed by the Court of nmon PÍeas of Dauphin county, in which John Carothers plaintiff and Henry Wolf defendant; the object being to whether a bond, given by David Peiffer to his father, ob Peiffer, a short time before David became insolvent, bona fide, and for a valuable consideration. The dispute between the creditors of David Peiffer. It appeared he had been discharged under the insolvent law of 26th ■ch, 1814. THIS was a feigned issue, directed by the Court of…
1Opinion of the Court
Tilghman C. J.
(After stating the first exception.) I cannot see, on what principle these witnesses were rejected. David Peiffer had no immediate interest in the event of the issue, and, if we are to look to remote interest, the establishing of the bond was against his interest. Having assigned his estate to his creditors under the insolvent act, the surplus, after payment of debts, (if any) would belong to him ; but the establishment of this debt, by increasing the amount of the debts, diminished the surplus. But it is said, that in case David Peiffer had committed a fraud against his…
2Cases cited3 opinions
- Phœnix v. DeyCourt for the Trial of Impeachments and Correction of Errors · 1809
- Baring v. ShippenSupreme Court of Pennsylvania · 1809
- Hill v. PaysonMassachusetts Supreme Judicial Court · 1801
3Cited by3 opinions
- United States v. MertzSupreme Court of Pennsylvania · 1834
- Whiting v. JohnsonSupreme Court of Pennsylvania · 1824
- Wyche v. WinshipSupreme Court of Georgia · 1853