Shirk v. Konigmacher

Citations

• 3 Pa. Super. 45
• 1896 Pa. Super. LEXIS 102

Syllabus

<p>Sale — Rescission—Fraud.</p> <p>Knowledge of insolvency by a vendee at tlie time of a purchase and the concealment of this knowledge by mere silence without actual misrepresentation is not such a fraud as will avoid the sale.</p> <p>A purchaser of chattels confessed judgment a week after the purchase and the chattels were seized in execution; in an interpleader between the vendor and execution creditor — Held, that the latter was entitled to binding instructions, there being no other evidence of fraud.</p>