Peck v. Connell

Citations

• 21 Pa. Super. 22
• 1902 Pa. Super. LEXIS 299

Syllabus

<p>Bankruptcy — Preference—Judgment—Pleading.</p> <p>In an action by a trustee in bankruptcy against a creditor of the bankrupt to recover money which the creditor had collected by execution process against the bankrupt, the statement of claim is insufficient, which fails to aver that the bankrupt intended to give a preference, and that the creditor had reasonable cause to believe that the bankrupt intended to give such preference.</p> <p>He who would recover back money which has been collected by the final process of a court of competent jurisdiction should distinctly aver every material fact upon which his right to recover depends.</p>