Dalley's Assigned Estate
Supreme Court of Pennsylvania
Appeal, No. 245, Jan. T., 1901, by William M. Bear, Administrator, from judgment of Superior Court, Feb. T., 1900, No. 4, reversing 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 for Creditors of Jonathan Dailey. Appeal from Superior Court. The case was reported in 18 Pa.
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Appeal, No. 245, Jan. T., 1901, by William M. Bear, Administrator, from judgment of Superior Court, Feb. T., 1900, No. 4, reversing 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 for Creditors of Jonathan Dailey. Appeal from Superior Court. The case was reported in 18 Pa. Superior Ct. 506. From the record it appeared that the auditor, Frank P. Cummings, Esq., after discussing the evidence concluded his report as follows: “ From all the evidence before him, the auditor is satisfied, and so finds, that…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
Fraudulent collusion between husband and wife is so easy of execution and so difficult of proof that it is the well settled rule that a wife claiming as a creditor against other creditors of the husband must prove her claim by evidence clear and satisfactory to a degree beyond that required of other creditors, and leave no doubt of its good faith and its truth in fact: Hause v. Gilger, 52 Pa. 412; Lahr’s Appeal, 90 Pa. 507.
Cases like the present, therefore, are peculiarly within the general rule that the findings of fact of an auditor who saw and heard the…
2Cases cited2 opinions
- Lahr's AppealSupreme Court of Pennsylvania · 1879
- Hause v. GilgerSupreme Court of Pennsylvania · 1866
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