York County Bank v. Carter
Supreme Court of Pennsylvania
Error, to the Common Pleas of Schuylkill county. On the 81st of July 1858, the York County Bank obtained a judgment against John Carter, surviving partner of Richard Carter, late partners doing business as J. & It. Carter, for $4592.74. Kfi.fa. was issued thereon, under which the sheriff of Schuylkill county levied upon certain personal property, as the property of the late firm of J. & R. Carter.
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Error, to the Common Pleas of Schuylkill county. On the 81st of July 1858, the York County Bank obtained a judgment against John Carter, surviving partner of Richard Carter, late partners doing business as J. & It. Carter, for $4592.74. Kfi.fa. was issued thereon, under which the sheriff of Schuylkill county levied upon certain personal property, as the property of the late firm of J. & R. Carter. The property levied on consisted of a coal lease from Smith & Buck to John & Richard Carter, on the Greenwood tract of land near Tamaqua, which had about three years to run; a coal lease from the…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
— In the court below, the bill of sale and the conveyances from J. & R. Carter to William T. Carter were assailed on the ground of alleged fraud in fact, and here was the main battle-ground in the case. The defendants contended that they were made to delay, hinder, or defraud particular creditors, and were consequently void as against those creditors.
The several transfers of property had been made ostensibly to provide for the payment of certain creditors of J. & R. Carter. It was alleged that William T. Carter, the transferree, was a…
2Cited by11 opinions
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- Werner v. ZierfussSupreme Court of Pennsylvania · 1894
- Taylor v. PaulSuperior Court of Pennsylvania · 1898
- Love v. ClaytonSupreme Court of Pennsylvania · 1926
- Shibler v. HartleySupreme Court of Pennsylvania · 1902
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