Bixler v. Kennedy

Citations

• 64 Pa. Super. 41
• 1916 Pa. Super. LEXIS 238

Syllabus

<p>Debtor’s exemption—Attachment execution — Fraud—Sale of goods in bulk.</p> <p>Where a .debtor sells his goods in bulk and gives to the purchaser a list of his creditors with their addresses, the fact that the purchaser does not give notice to the creditors, will not defeat the right of the debtor to claim an exemption of three hundred dollars out of his share of the proceeds of the sale attached in the hands of a third person.</p> <p>The acts which will deprive a debtor of his exemption must be such acts of dishonesty which show an intention to cheat, defraud or embarrass creditors or involving moral turpitude; they must be the acts of the debtor or those for which he is responsible and not the acts of others over whom he has no control. The law does not contemplate a constructive fraud which may arise through the neglect of another as being sufficient to prevent a debtor from obtaining his exemption.</p>