Assigned Estate of Wenger

Citations

• 2 Pa. Super. 611
• 1896 Pa. Super. LEXIS 95

Syllabus

<p>Practice, Superior Gt. — Appeals—A bad reason will not invalidate a good ruling.</p> <p>An appellate tribunal looks to the merit of a decree brought before it for review, and will not reverse merely because some or all of the reasons relied on by the court are not tenable. A bad reason does not invalidate a good ruling; and if, for any reason presented by the record, the decree appealed from can be supported it should be upheld.</p> <p>Assignment for creditors — Fraud—Standing of simple contract creditor.</p> <p>In distribution of an assigned estate a simple contract creditor, who establishes his claim, has standing to attack a judgment given in fraud of creditors.</p> <p>Assignment for creditors — Distribution—Bona fides — Judgment to wife— Auditor's finding — When conclusive.</p> <p>A judgment given by a husband in failing circumstances to his wife will not be set aside as fraudulent when held to be bona fide by the auditor, if the evidence as to its being given for a bona fide debt is such that, if the claim had been tried before a jury on its merits, it would have been erroneous for the court to withdraw the facts from their consideration, the evidence being suflicient, if believed, to sustain a verdict in favor of the bona fides of the judgment.</p>