Wilson v. Berg
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Butler county: Of October and November Term 1876, No. 267. David Kelly, on December 7th 1875, sold a farm to David Henry for 813,000, taking in payment therefor a credit of 82000, due by Kelly to Henry, and a judgment on a mortgage, given by one Guff'y to one Fry, the son-in-law of Henry, for $Uj000, which judgment was assigned to Alexander Mitchell.
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Error to the Court of Common Pleas of Butler county: Of October and November Term 1876, No. 267. David Kelly, on December 7th 1875, sold a farm to David Henry for 813,000, taking in payment therefor a credit of 82000, due by Kelly to Henry, and a judgment on a mortgage, given by one Guff'y to one Fry, the son-in-law of Henry, for $Uj000, which judgment was assigned to Alexander Mitchell. On December 13th and 14th 1875, and subsequently, judgments to the amount of 850,000 were entered against Kelly. Berg & Co., who held a judgment against Kelly, treated the assignment as void, and as made in…
1Opinion of the CourtJustice Mercur
This was an issue to try the validity of an assignment made by David Kelly to the plaintiff in error. The defendant alleged it was made fraudulently, with intent to hinder, delay and defraud the creditors of the assignor.
The assignment was general and for the benefit of all his creditors. It was regularly executed and acknowledged, and duly recorded on the same day. The entire good faith of the assignee is conceded. The effect is to impeach it by evidence of the acts and declarations of the assignor. Ilis acts and declarations are, undoubtedly, evidence in so far as they prove he has unduly…
2Cited by6 opinions
- Becker v. Lebanon & Myerstown Street Railway Co.Superior Court of Pennsylvania · 1904
- Vitagraph Co. v. SwaabSupreme Court of Pennsylvania · 1915
- Braden v. O'NeilSupreme Court of Pennsylvania · 1898
- Russell's AppealSupreme Court of Pennsylvania · 1885
- Russell's AppealSupreme Court of Pennsylvania · 1885
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