Kline v. First National Bank

Citations

• 2 Monag. 448
• 15 A. 433
• 1888 Pa. LEXIS 788

Syllabus

<p>On a feigned issue to determine the validity of the assignment of a legacy,</p> <p>made at a time when the firm of which the assignor was a member was insolvent and its property was being sold under executions, evidence that the assignee had received a large amount of the assets of the firm over and above the debt due to him by the firm and had not accounted for the same, is admissible as evidence that the assignee held the property so as to assist them in defrauding creditors and placing the assets beyond the reach of creditors.</p> <p>In such a case, an exemplification of the record, for the purpose of showing that, at the time of the assignment, the assignor was insolvent, and all his property was being sold under executions, and was insufficient to satisfy the judgments against him, and that he had no other property than the legacy assigned, is admissible, in connection with the other evidence in the case, tending.to show fraud in the transfer of the legacy.</p> <p>An affidavit, made by the assignor of the legacy, in another proceeding, and a bill in equity in which he alleged that judgments were confessed by him and his partners without consideration and for the purpose of hindering and delaying their creditors, are admissible as declarations by the assignor.</p> <p>Sending out the affidavit and bill in equity to the jury, after they retire for deliberation, is no cause for reversal, in this case.</p>