Rahn v. M'Elrath
Supreme Court of Pennsylvania
ERROR to the common pleas of Schuylkill county. Thomas M’Elrath against George Rahn and Jacob Oldwine. This was an action of trespass against the defendants, who were the sheriff and his deputy, for taking certain goods and merchandise claimed by the plaintiff.
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ERROR to the common pleas of Schuylkill county. Thomas M’Elrath against George Rahn and Jacob Oldwine. This was an action of trespass against the defendants, who were the sheriff and his deputy, for taking certain goods and merchandise claimed by the plaintiff. Jesse M’Elrath, and Henry Stambach were retail merchants, and being about to fail, Henry Stambach made a transfer of all his interest in the goods and debts due to them to Jesse M’EIrath, who transferred the same to the plaintiff, Thomas M’EIrath, under the circumstances mentioned in the following deposition. Volney B. Palmeras…
1Per curiam
The ground of the first assignment of error, being an alleged neglect to charge in a way not indicated by any prayer for specific direction, might possibly do for a new trial, but not for a reversal; and the second is without foundation in law. In every assignment for the payment of debts, there is a resulting trust implied from the very nature of the transaction; and it is certainly not an index of fraud to express what the law would imply. Even a creditor excluded from the trust, is not impeded by it longer than is necessary to turn the property into cash; which is sufficient to repel the…
2Cited by2 opinions
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