Lake Shore Banking Co. v. Fuller
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of McKean county : Of July Term 1885, No. 48. Feigned issue, wherein J. M. Fuller, Assignee of J. W. Humphrey individually, and of J. W. Humphrey and A. A. Aspinwall, trading as J. W. Humphrey and Company, was plaintiff, and the Lake Shore Banking Company, Merchants’ National Bank of Dunkirk, New York, the First National Bank of Franklinville, New York, the State Bank of Randolph, New York, and F. A. Newell were defendants.
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Error to the Court of Common Pleas of McKean county : Of July Term 1885, No. 48. Feigned issue, wherein J. M. Fuller, Assignee of J. W. Humphrey individually, and of J. W. Humphrey and A. A. Aspinwall, trading as J. W. Humphrey and Company, was plaintiff, and the Lake Shore Banking Company, Merchants’ National Bank of Dunkirk, New York, the First National Bank of Franklinville, New York, the State Bank of Randolph, New York, and F. A. Newell were defendants. The material facts of the case were as follows: J. W. Humphrey & Co. were dealers in what is called “oil well supplies,” which consist…
1Opinion of the CourtJustice Gkeen
In 1848, in Blakey’s Appeal, 7 Barr, 449, we held that judgments confessed to secure creditors are not such preferences as are avoided by the Act of 1843, although an assignment for creditors was intended and was shortly afterwards executed. Coultek, J., said: “ Whilst a man retains dominion of his property he may encumber and convey it as he pleases, if not directly forbidden by law, and prefer such creditors by payment or transfer as he chooses.”
In Uhler v. Maulfair, 11 Harr., 481, Ave said: “ The principle is doav too Avell settled to require further authority or argument, that so long as…
2Cited by14 opinions
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