Paul v. Eurich

Citations

• 3 Pa. Super. 299
• 1897 Pa. Super. LEXIS 15

Syllabus

<p>Contract — Fraud—Knowledge of insolvency.</p> <p>Under the rule of Rodman v. Thalheimer the knowledge of insolvency-does not avail to avoid a contract in the absence of either artifice, trick or false pretense used by a vendee in obtaining possession of goods purchased.</p> <p>Contract — False representations — Question for jury.</p> <p>No false pretense can be set up to avoid a sale where the vendor sold with knowledge of vendee’s indebtedness for money borrowed, communicated by vendee and covering a practically truthful statement of his financial situation. Under such conditions there is no question to leave to the jury.</p> <p>Judgment — Satisfaction by mistake.</p> <p>Where the owner of a senior judgment satisfied it by mistake and the court subsequently struck off the satisfaction from the record, the judgment will not lose its priority of lien of junior judgments or other rights which have in no manner been prejudiced either by the entry of satisfaction or by the action of the court in striking it off.</p>