Sherk v. Endress
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Lebanon county. John Endress, assignee of Michael Spang, against the administrators of Samuel Sherk, deceased..
Read the full summary
ERROR to the Common Pleas of Lebanon county. John Endress, assignee of Michael Spang, against the administrators of Samuel Sherk, deceased.. This was an action of debt upon a bond conditioned for the payment of $1900, and a sealed note for the payment of $1000. The defendants pleaded specially, that before the date of the-assignment of the bond and note by Spang to Endress, Spang was indebted to Sherk, by judgment, for $6000; by bond for $1000; and by a sealed note for $400. The plaintiff replied specially to these pleas, that the said judgment, bond, and note were given apd obtained for the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Only one point in this long assignment of errors is worthy of particular consideration; but it is a fatal one. The effect of the bond apd judgment pleaded as a set-off, and explained by the agreement which accompanied it to be in trust for particular persons, was to delay the general creditors, and it was undoubtedly fraudulent in regard to them j bpt it was binding and perfectly fair between the parties to it. Such is the fundamental principle of the 13 Elizabeth, which was enacted to protect creditors, and which, when these are not…
2Cases cited1 opinion
- Twelves v. WilliamsSupreme Court of Pennsylvania · 1838
3Cited by15 opinions
- Swayne v. LyonSupreme Court of Pennsylvania · 1871
- Davis v. SittigTexas Supreme Court · 1886
- Springer v. DroschIndiana Supreme Court · 1870
- Horn v. Star Foundry Co.West Virginia Supreme Court · 1884
- Hershey v. WeitingSupreme Court of Pennsylvania · 1865
10 more not listed; retrieve them via the Exa API.