Benedict & Eberle Co. v. Hollman

Citations

• 68 Pa. Super. 155
• 1917 Pa. Super. LEXIS 90

Syllabus

<p>Attachment execution — Nature of fund attached — Licensed liquor dealer — Bulk sales — Act of March 28,1905, P. L. 62.</p> <p>In order to sustain an attachment execution, there must he a debt due from the garnishee to the defendant in the judgment which may be payable at the time of the service of the writ, or may become payable subsequently. The right of an attachment creditor can rise no higher than that of his debtor. What the latter cannot sue for and recover from the garnishee is beyond the grasp of an attaching creditor.</p> <p>Where a wholesale liquor dealer contracts to sell in bulk his lease, personal property and fixtures, good will, etc., for a sum stated, and the purchaser contracts to buy only upon condition that the court transfers the wholesale license to himself, and it is agreed that the purchase-money shall be held in escrow until the license is transferred, and upon the granting of the license the party holding the fund in escrow shall pay the debts of the seller, and turn over the balance to him, but that if the license is not transferred, the money shall be returned to the purchaser, and it also appears that notice of the sale was given to creditors in compliance with the Act of March 28, 1905, P. L. 62, and no objection to this transaction is made by any one, an individual creditor of the seller cannot thereafter attach the fund held in escrow in the hands of the trustee. Such a transaction is neither a voluntary assignment for the benefit of creditors not an act of bankruptcy.</p>