Assigned Estate of Wright

Citations

• 182 Pa. 90
• 38 A. 151
• 1897 Pa. LEXIS 773

Syllabus

<p>Assignment for creditors — Compensation of assignee's attorney — Conflicting interests.</p> <p>Where an assignee for creditors who is also a preferred judgment creditor of the assignor employs an attorney who is also-the attorney of other creditors preferred similarly to the assignee, he will not be permitted to pay such attorney out of the assets of the assigned estate.</p> <p>Assignment for creditors — Delivery of deed.</p> <p>A deed of assignment for the benefit of creditors takes effect when it is .delivered to the assignor’s attorney to be taken by him to the recorder’s office for record.</p> <p>Assignment for creditors — llight of general creditors to attack judgments.</p> <p>At the audit of the account of an assignee for creditors, the general creditors of the assignor have a standing to attack the validity of a judgment presented as a claim upon the fund which has already been paid, or was confessed for more than was due, in order to cheat and defraud them. The question can be mooted before the auditor, and if necessary, or either party requires it, an issue may be awarded to determine it. In such a case the elements of the fraud must be shown, or appear in the application for the issue, since a mere general allegation of fraud is not sufficient.</p> <p>Assignment for creditors — Distribution by assignee.</p> <p>If, without the direction of court, an assignee for creditors follows his personal interest and pays money that, prima facie, belongs to the assigned estate, to one who under the assignment has no right to it, the presumptions are against the assignee, and he must overcome them by satisfactory evidence establishing the legal right of the person to whom he has made the payment.</p>