Phillips v. Henry

Citations

• 160 Pa. 24
• 28 A. 477
• 1894 Pa. LEXIS 756

Syllabus

<p>Duress — Assignment of chose in action — Evidence.</p> <p>An assignment of a chose in action by a debtor to a creditor will not be set aside on the ground of duress where the assignment was the result of a threat by the creditor to arrest the assignor, but the evidence did not show that there was any arrest of the person, or process of arrest, or prosecution for any criminal offence instituted, or that there was any officer of ■ the law ready to arrest, and that the threat was not made directly to the debtor, but to a friend who communicated it to him.</p> <p>Duress — Assignment for benefit of creditors — Parties.</p> <p>An assignee for the benefit of creditors has no standing to plead duress of his assignor for the purpose of setting aside an otherwise legitimate transfer of property made by the assignor to pay an honest debt.</p>