May v. Newingham

Citations

• 17 Pa. Super. 469
• 1901 Pa. Super. LEXIS 338

Syllabus

<p>Attachment execution — Notice of assignment — Payment—Bond.</p> <p>The rule that the assignee of a bond or judgment note must notify the obligor or the promisor in order to protect his rights thereto and prevent the extinguishment of the debt by payment to the obligee or promisee, applies with equal force to a debtor who has been compelled by an attachment execution to pay the money to an attaching creditor of the obligee, and this is especially so where the obligee has assigned the instrument without consideration, and for the sole purpose of defrauding his creditors.</p> <p>All that the law requires of a garnishee is that he shall, in good faith, see that the money is recovered from him by due course of law; and if in good faith and without notice of the assignment the garnishee makes truthful answers to the interrogatories that he owes the money and has no knowledge or notice that the debt has been assigned, he does all that the law requires of him..</p> <p>Pleading — Evidence—Rule of court — Replevin.</p> <p>A rule of court providing that in actions founded on contracts, statements of fact in the pleadings verified by affidavits shall be taken as conclusive at the trial if not denied by a proper plea verified by affidavit, does not apply to an action of replevin.</p>