LaBarre v. Doney

Citations

• 53 Pa. Super. 435
• 1913 Pa. Super. LEXIS 193

Syllabus

<p>Assignment — Notice of assignment — Attachment—Fund in hands of trustee in bankruptcy.</p> <p>1. Where a bankrupt assigns a fund in the hands of his trustee in bankruptcy which had been set apart to him under his exemption claim, and notice of such assignment is given to the trustee and to the attorney of a debtor of the bankrupt who subsequently issued an attachment against the fund under a judgment waiving exemption, the assignee has priority in the distribution of the fund over the attaching creditor, and the attachment will be dissolved.</p> <p>2. An attaching creditor claims through his debtor, and in the absence of fraud can claim no greater right than was vested in the latter at the time the writ was served on the garnishee.</p>