Hershey v. Weiting
Supreme Court of Pennsylvania
Error to the Common Pleas of Dauphin county. This was a proceeding on the equity side of the court, founded on a bill filed by Elizabeth Hershey against Archibald Weiting, August 14th 1860. The bill set forth that she was a widow, and mother-in-law of the defendant, sixty-seven years old, of feeble bodily health, im perfectly acquainted with the English language, and unable to write or read manuscript; that by reason of becoming surety for her grandson, Isaac L. Shank, she…
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Error to the Common Pleas of Dauphin county. This was a proceeding on the equity side of the court, founded on a bill filed by Elizabeth Hershey against Archibald Weiting, August 14th 1860. The bill set forth that she was a widow, and mother-in-law of the defendant, sixty-seven years old, of feeble bodily health, im perfectly acquainted with the English language, and unable to write or read manuscript; that by reason of becoming surety for her grandson, Isaac L. Shank, she became liable to pay a large sum of money, almost equal to the whole of her estate. That her liabilities on this account…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
This bill was filed to obtain the cancellation of agreements and other papers that were made to delay, hinder, and defraud creditors, but the cancellation is asked for by no creditor and only by one of the parties to the papers. The argument is that they should be cancelled at the suit of the plaintiff, because she was betrayed into the making of them by the artifice and fraud of the defendant.
The statute of 13 Elizabeth avoids such papers only for the benefit of creditors, and has no apjDlication to the rights of the parties as between…
2Cases cited2 opinions
- Buehler v. GloningerSupreme Court of Pennsylvania · 1834
- Sherk v. EndressSupreme Court of Pennsylvania · 1842
3Cited by14 opinions
- Metzger v. MetzgerSupreme Court of Pennsylvania · 1940
- Official Committee of Unsecured Creditors of Allegheny Health Education v. Pricewaterhousecoopers, LLPSupreme Court of Pennsylvania · 2010
- Reynolds v. BolandSupreme Court of Pennsylvania · 1902
- Leland v. FordMichigan Supreme Court · 1929
- Bishoff v. Valley Dairy Co.Supreme Court of Pennsylvania · 1930
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