Horine v. Luria

Citations

• 49 Pa. Super. 171
• 1912 Pa. Super. LEXIS 302

Syllabus

<p>Bankruptcy — Preference—Knowledge of insolvency by a preferred creditor — Evidence.</p> <p>1. In an action by a trustee in bankruptcy to recover the value of property transferred to the defendants as creditors,- by the bankrupt within four months prior to filing the petition, the plaintiff will be permitted to prove declarations made shortly after the transfer, by one of the defendants, tending to show that the defendants knew at the time the transfer was made that the bankrupt was insolvent.</p> <p>2. In such a case where it appears that the property transferred was book accounts, and the defendants testify, although contradicted at every point, that the transfer was merely made as security for future advances to enable the assignor to carry on his business, the case is for the jury, and a verdict and judgment for the trustee will be affirmed.</p>