Palmer v. Gilmore
Supreme Court of Pennsylvania
Appeal, No. 35, Jan. T., 1891, by-plaintiff, Lydia P. Palmer, from judgment of C. P. No. 1, Phila. Co., Dec. T.,1892, No. 15, refusing to take off nonsuit in an attachment against William J. Gilmore as garnishee of Ransom Rogers. Foreign attachment.
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Appeal, No. 35, Jan. T., 1891, by-plaintiff, Lydia P. Palmer, from judgment of C. P. No. 1, Phila. Co., Dec. T.,1892, No. 15, refusing to take off nonsuit in an attachment against William J. Gilmore as garnishee of Ransom Rogers. Foreign attachment. On the trial before Brega, J., the evidence was to the following effect: June 26, 1875, Ransom Rogers entered up a judgment note of William J. Gilmore for $5,381.21 in C. P. 2 of Philadelphia; execution was issued and returned nulla bona. There was evidence that Gilmore was insolvent, and continued so until about 1882, when he began to make money.…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The judgment note from Gilmore to Rogers imported a debt due, and would have made a prima facie case for this plaintiff against the garnishee, had it not been neutralized by the verdict upon it for defendant in the suit in C. P. No. 2. But if the jury should be satisfied that that verdict was collusive and fraudulent against this present plaintiff as an attaching cred*54itor, then the verdict would be a nullity as to her, and the case would stand here, as it stood on the opened judgment in C. P. No. 2, with a prima facie case for the plaintiff made out by the note,…
2Cases cited1 opinion
- Lowe v. DalrympleSupreme Court of Pennsylvania · 1888
3Cited by3 opinions
- United States v. SchenckDistrict Court, E.D. Pennsylvania · 1918
- Sommer v. GilmoreSupreme Court of Pennsylvania · 1894
- Mengel v. Connecticut Fire InsuranceSuperior Court of Pennsylvania · 1897