Moser v. Mayberry
Supreme Court of Pennsylvania
ERROR to the common pleas of Juniata county. This was a scire facias by Mayberry, Gillen & Watldns, against Charles Moser, garnishee in a foreign attachment against Nathan Moser. The sheriff returned that he had attached a debt due by Charles Moser to Nathan Moser of 6300 dollars.
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ERROR to the common pleas of Juniata county. This was a scire facias by Mayberry, Gillen & Watldns, against Charles Moser, garnishee in a foreign attachment against Nathan Moser. The sheriff returned that he had attached a debt due by Charles Moser to Nathan Moser of 6300 dollars. One-third thereof in October 1837; one-third in October 1839, and the balance in October 1841. It appeared that Nathan Moser had put goods and lands into the possession of Charles Moser to the amount of the bonds attached, with the purpose, as was alleged, of defrauding his creditors; after which, several of his…
1Opinion of the Court
*14The opinion of the Court was delivered by
Rogers, J.
We cannot perceive any just cause of exception to the charge. The court sustained the defence, in part, on the ground of a failure of consideration; the property having been taken from the garnishee by due course of law, and applied to the use of the creditors of the vendor. But they put it to the jury to say, whether all the property which formed the consideration, had been taken and applied to that purpose, and instructed them that it was a defence only to that extent. As between the vendor and vendee, the defence would be available only so…
2Cited by1 opinion
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