Legal Opinion

Delphia Knitting Mills Co. v. Richards

Superior Court of Pennsylvania

Decided December 20, 1915No. Appeal, No. 100PublishedCited by 9 opinions

Appeal, No. 100, Oct, T., 1915, by plaintiff, from judgment of O. P. Philadelphia Co., Sept. T., 1912, No. 5419, on verdict for defendant in case of Delphia Knitting Mills Company, Inc., v. Howard S. Richards. Sheriff’s interpleader to determine ownership of a stock of goods.

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Appeal, No. 100, Oct, T., 1915, by plaintiff, from judgment of O. P. Philadelphia Co., Sept. T., 1912, No. 5419, on verdict for defendant in case of Delphia Knitting Mills Company, Inc., v. Howard S. Richards. Sheriff’s interpleader to determine ownership of a stock of goods. Before Davis, J. At the trial it appeared that on November 12, 1912, Howard S. Richards, administrator of the estate of Edward W. Richards, deceased, brought suit for hardware sold and delivered in the lifetime of Edward W. Richards, to Ellsworth L. Ward and George J. Wolf trading as the Climax Machine Company. Judgment…

1Opinion of the Court

Opinion by

Kephart, J.,

The assignments of error present but one important question. Was there sufficient evidence of fraud to warrant the trial judge in submitting to the jury the bona fides of the transfer of personal property to the appellant, as against the claim of the appellee, a creditor of Wolf, the transferor? Had a transfer been made by Wolf directly to his wife, there is no question but that it would have been inoperative as against the creditor.' Wolf, however, transferred the property to a corporation or*12ganized in Delaware; through, him the charter of incorporation was procured.…

2Cases cited2 opinions

  1. Montgomery Web Co. v. Dienelt, Pennsylvania Court of Common Pleas, Montgomery County1890
  2. Pennsylvania Knitting Mills of Reading v. Bibb Manufacturing Co.Superior Court of Pennsylvania · 1900

3Cited by9 opinions

  1. Atlas Portland Cement Co. v. American Brick & Clay Co.Supreme Court of Pennsylvania · 1924
  2. Shechter v. SHECHTERSupreme Court of Pennsylvania · 1950
  3. American Trust Co. v. KaufmanSupreme Court of Pennsylvania · 1923
  4. Kulka v. NemirovskySupreme Court of Pennsylvania · 1936
  5. Summit Hosiery Co. v. GottschallSupreme Court of Pennsylvania · 1928

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