Legal Opinion

Thornburn v. Thompson

Supreme Court of Pennsylvania

Decided July 19, 1899No. Appeal, No. 57Published

Appeal, No. 57, Jan. T., 1899, by William F. Harrity, assignee, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1896, No. 372, on verdict for plaintiffs. Attachment execution. Before Pennxpacker, P. J. The facts sufficiently appear by the opinion of the Supreme Court. Verdict and judgment for plaintiffs. William F. Harrity, assignee for creditors of Lavinia B. C. Thompson, appealed. Error assigned was in refusing to give binding instructions for garnishee.

1Opinion of the Court

Opinion by

Mr. Justice Green,

The only assignment of error there is in this case is to the refusal of the court below to give a binding instruction to the jury that under all the evidence their verdict should be for *300the defendant. T his involves only the question whether there was any evidence, more than a scintilla, sufficient to sustain a verdict for the plaintiff. The contest was upon the validity, as against existing creditors of an insolvent, of a transaction between the debtor and a few of his creditors to whom preferences were given by means of judgments confessed in their favor, upon…

2Cases cited4 opinions

  1. Werner v. ZierfussSupreme Court of Pennsylvania · 1894
  2. Bentz v. RockeySupreme Court of Pennsylvania · 1872
  3. Bunn, Raiguel & Co. v. AhlSupreme Court of Pennsylvania · 1857
  4. Schott v. ChancellorSupreme Court of Pennsylvania · 1852

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