Commonwealth v. Kreider

Citations

• 70 Pa. Super. 100
• 1918 Pa. Super. LEXIS 181

Syllabus

<p>Criminal law — Conspiracy to defraud creditors — Confessing judgment.</p> <p>An indictment for conspiring to defraud creditors sufficiently charges an indictable offense if it avers that the defendants “did falsely and maliciously conspire, and agree to cheat and -defraud,” the prosecutor, naming bim, and others whose names are unknown creditors of one of the named defendants by confessing and entering in the Court of Common Pleas a false and fraudulent judgment, naming the amount thereof, and the issuing execution thereon, “said judgment having been confessed,” etc. In such a case it is not necessary that it should be averred that a judgment note was given, nor that the defendant named was insolvent, nor that the person to whom the judgment note was given was not a bona fide creditor.</p> <p>A conviction on such an indictment will be sustained where it appears that prior to the confession of the fraudulent judgment, the defendant who confessed the judgment, gave a judgment note to the prosecutor which the latter immediately assigned to his wife, and that in bankrupt proceedings subsequently begun against the maker this note positively identified was presented to the referee for payment and was allowed a dividend. This clearly showed that the wife of the prosecutor was a creditor of the defendant at the time he confessed the fraudulent judgment.</p>