Bentz v. Rockey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of York county. ■ Of May Term 1871, No. 47. This was an attachment execution issued, December 1st 1866, by John Rockey against David Roller, in which George Bentz was garnishee, on a judgment in favor of Rockey recovered against Roller in Adams county, on the 29th of October .1866, and entered by transcript in the Common Pleas of York county, November 27th 1866. Roller was a tanner, and on the 1st of September 1866, by bill of sale, sold…
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Error to the Court of Common Pleas of York county. ■ Of May Term 1871, No. 47. This was an attachment execution issued, December 1st 1866, by John Rockey against David Roller, in which George Bentz was garnishee, on a judgment in favor of Rockey recovered against Roller in Adams county, on the 29th of October .1866, and entered by transcript in the Common Pleas of York county, November 27th 1866. Roller was a tanner, and on the 1st of September 1866, by bill of sale, sold all his stock in his tannery, his farming stock, &c., to Bentz, his father-in-law, for $3000. The plaintiff alleged that…
1Opinion of the Court
The opinion of the court was delivered, May 11th, 1872, by
Williams, J.
Where there is no question of bankruptcy, the law does not adjudge the sale or transfer of property by an insolvent debtor in satisfaction of his indebtedness, when accompanied by actual delivery of possession, to be fraudulent and void, if there is no intent to hinder, delay and defraud creditors in the *77collection of their claims, though this may he the tendency and effect of such sale or transfer. A debtor has the undoubted right to sell and dispose of his property, for the payment of his debts, and the payment of one…
2Cases cited2 opinions
- M'Culloch v. HutchinsonSupreme Court of Pennsylvania · 1838
- Shaffer v. WatkinsSupreme Court of Pennsylvania · 1844
3Cited by10 opinions
- Werner v. ZierfussSupreme Court of Pennsylvania · 1894
- Gump v. McDanielSuperior Court of Pennsylvania · 1910
- In re A. L. Robertshaw Mfg. Co.District Court, E.D. Pennsylvania · 1904
- Emerick v. Braucht, Pennsylvania Court of Common Pleas, Centre County1928
- Lasher v. Medical Press Co.Superior Court of Pennsylvania · 1897
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