Heitzenreither v. Long

Citations

• 4 Pa. Super. 524
• 1897 Pa. Super. LEXIS 157

Syllabus

<p>Compromise settlement — Assent of creditor — Question for jury.</p> <p>The members of an insolvent banking firm agreed to turn over certain individual property in consideration of a release from individual liability. In a suit by a creditor the crucial question was as to his alleged participation in an agreement to accept the partners’ proposition. The question was properly one for the jury, and their verdict is decisive of a common purpose among the creditors participated in by the plaintiff to secure the payment of their claims by compromise and settlement, and their verdict will not be disturbed in view of the fact that plaintiff reaped the full benefit of the settlement with the other creditors.</p> <p>Trusts and trustees — Assignmentfor creditors — Settlement with creditors.</p> <p>A person who happens to be a member of an insolvent banking institution may assign his individual property in trust to aid the bank in paying its debts without having his act declared a general assignmentfor the benefit of all his creditors, unless it appears that the assignment is made because of his inability to pay his debts.</p> <p>Practice, C. P. — Duty of court in answering point.</p> <p>It is the duty of the court to answer points, and it is its right and privilege to so answer them as to place before the jury the true question to be decided.</p>