Kohlhaas v. Veit

Citations

• 162 Pa. 108
• 29 A. 349
• 1894 Pa. LEXIS 950

Syllabus

<p>Warrant of arrest — Sufficiency of affidavit — Averment of sum due — Act of July 12. 1812, P. L. 389.</p> <p>Au affidavit, in support of a warrant of arrest under the act of July 12, 18l2, P. L. 339, is sufficient which avers the fraudulent sale of the business and property of defendant for the purpose of placing it beyond the reach of defendant’s creditors; that the goods thus sold by defendant had beeu bought by him from plaintiff; and that a note for which suit was pending was for the balance of the purchase money “ due by them to deponent” for the same goods.</p> <p>Such an affidavit is in no sense evasive or doubtful in character, but is a distinct statement of the existence of an indebtedness due from defendant to plaintiff, which he is seeking to recover in a pending suit.</p> <p>It seems that in such a case no specific averment that a particular sum is presently demandable is necessary, where it reasonably appears that a debt was demanded, and suit had been brought for its recovery, or a judgment actually obtained.</p>