Joseph Schoeneman & Co. v. Weill

Citations

• 3 Pa. Super. 119
• 1896 Pa. Super. LEXIS 114

Syllabus

<p>Evidence — Wide latitude as to fraud — Question for jury.</p> <p>In the investigation of an alleged fraudulent transaction a wide door is open to the admission of evidence, and under the facts in this case there being certainly some evidence tending to prove fraud, it was proper to submit the whole question to the jury. The credibility of the witnesses being clearly for the jury.</p> <p>Husband and wife — Execution—Interpleader—Evidence of husband's declarations.</p> <p>In a feigned issue between the husband’s vendor, claiming to rescind on the ground of fraud, and the wife as execution creditor of the husband, evidence is admissible as to conversations with and declarations by the husband in the absence of the wife notwithstanding she is a parly to the' suit.</p> <p>The wife had control of her execution, and in seeking to enforce it against property claimed by a stranger to the writ, must maintain her husband’s title to the goods. As execution creditor she can have no higher title to the goods than the husband at the time of levy. If he has no title, she has no right to sell.</p>