Landis Machine Co. v. Cooper

Citations

• 53 Pa. Super. 416
• 1913 Pa. Super. LEXIS 189

Syllabus

<p>Bankruptcy — Insolvency—Act of Congress of July 1, 1898, Act of June 4, 1901, P. L. —Insolvents owing less than $1,000.</p> <p>1. The Federal Bankrupt Act of July 1, 1898, 30 Statutes at Large, 544, does not supersede the Pennsylvania Insolvent Act of June 4, 1901, P. L. 404, where the insolvent owes debts less than $1,000 in amount.</p> <p>2. In an action of replevin against the assignee of an insolvent to recover goods which were admitted to have been delivered to the assignor by the plaintiff under a conditional sale, the plaintiff is bound to aver in his statement that the assignor owed debts in excess of $1,000 in amount. He is bound to show that the insolvent was within a class which made the state law inoperative.</p>