King v. Beeson

Citations

• 5 Sadler 59
• 8 A. 198
• 1887 Pa. LEXIS 530

Syllabus

<p>Fraud must not be presumed, but may be inferred from facts and circumstances.</p> <p>Where a debtor, with intent to delay or defraud his other creditors, has a promissory note, for money due him, made payable to a creditor who is a party to the fraud, the note is, as against the other creditors, void, and they :are entitled, in proceeding by attachment execution,- to the debt for which the note was given.</p> <p>The questions whether the transaction was for the purpose of delaying or defrauding creditors, and whether the payee of the note was a party to the fraud, are for the jury.</p> <p>The record of a suit begun by the payee against the makers of the note is not admissible in evidence to show the bona fides of the transaction.</p> <p>Note. — For the effect of fraud as to other creditors, see note to Nusbaum’s Appeal, 1 Sad. Rep. 106.</p>