Dalley's Estate
Superior Court of Pennsylvania
Appeal, No. 4, Feb. T., 1900, by Agnes B. Dailey, from decree of C. P. Lycoming Co., Sept. T., 1897, No. 92, confirming auditor’s report in the matter of the account of Anson Underwood, assignee of Jonathan Dailey. Opinion by W. W. Porter, J. W. D. Porter, J., dissents. Exceptions to auditor’s report. of the 25th judicial district, specially presiding. It appears from the record that, on June 21,1897, Jonathan Dailey and his wife Agnes C. executed a deed of assignment.
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Appeal, No. 4, Feb. T., 1900, by Agnes B. Dailey, from decree of C. P. Lycoming Co., Sept. T., 1897, No. 92, confirming auditor’s report in the matter of the account of Anson Underwood, assignee of Jonathan Dailey. Opinion by W. W. Porter, J. W. D. Porter, J., dissents. Exceptions to auditor’s report. of the 25th judicial district, specially presiding. It appears from the record that, on June 21,1897, Jonathan Dailey and his wife Agnes C. executed a deed of assignment. Almost the entire estate of assignor consisted of real estate, and the question arose on the distribution of the fund arising…
1DissentW. D. Pontee, J.
That a mere confession of judgment to a bona fide creditor, by a debtor, for the purpose of giving such creditor a preference, is not invalid as an act done to hinder and delay creditors, is well settled. The auditor has found as a fact that the judgment of Agnes C. Dailey against her husband was given for an honest debt, and that finding eliminates from our inquiry any question as to the consideration given for the original judgment note. It only remains to be considered whether the-judgment upon this note was collusively entered by the parties thereto for the purpose of hindering, delaying…
2Cases cited6 opinions
- Werner v. ZierfussSupreme Court of Pennsylvania · 1894
- Hughes v. First National BankSupreme Court of Pennsylvania · 1885
- Lake Shore Banking Co. v. FullerSupreme Court of Pennsylvania · 1885
- Musser v. HydeSupreme Court of Pennsylvania · 1841
- Jones v. National Building Ass'nSupreme Court of Pennsylvania · 1880
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