Hilliard v. Enders & Co.

Citations

• 196 Pa. 587
• 46 A. 839
• 1900 Pa. LEXIS 561

Syllabus

<p>Foreign attachment — Corporation—Name—Evidence.</p> <p>Where a garnishee in a foreign attachment admits owing a certain sum but claims that the debt which he owes is due to a corporation other than that named as defendant, and produces evidence to show that all the bills were made out in the name of the other company and that he gave all checks in payment to and received all receipts from it, he may offer in evidence a certified copy of the proceedings of organization of that company, incorporated by another state, to show that there was such a company.</p> <p>Foreign attachment — Assignment for creditors — Record.</p> <p>In a foreign attachment where the defendant is a corporation of the state of Vermont, and the garnishee claims, that the defendant had made an assignment for creditors prior to the attachment, the assignment may be proved by an exemplified copy of the deed of assignment, and of the other papers required by the law of Vermont to be executed and filed in the county clerk’s office with the deed of assignment. Under the laws of Vermont copies of the assignment and the other papers are matters of record, and certified copies of them are therefore legal evidence.</p> <p>Foreign attachment — Assignment for creditors — Priority of date — Evidence — Question for jury.</p> <p>In a foreign attachment where the garnishee sets up a prior assignment for creditors, and the evidence tends to show that the writ of attachment was received by the sheriff at 12 : 57 p. m., and that the assignment was filed on the same day at 11:10 a. m., the question of priority is for the jury-</p> <p>Where an assignment for creditors made in Vermont is marked of record as having been filed at a certain hour and minute on a day designated, and the bond is marked filed of the same day without giving the precise hour and minute, and the Vermont law requires the bond to be given and filed “ at the time of making the assignment,” the presumption that all things are properly done arise