Stuckslager v. Neel

Citations

• 123 Pa. 53
• 16 A. 94
• 1888 Pa. LEXIS 645

Syllabus

<p>(a) On the trial of an execution attachment, the plaintiff contended that, upon the evidence, property which the garnishee claimed to hold as collateral security was held under a sale at a fixed price, which sale, however, was fraudulent as to creditors.</p> <p>1. The plaintiff not asking for specific instructions upon the aspect of a sale without collusion and of a claim by him for a balance due thereon, he could not complain of error in not submitting the cause to the jury in that point of view.</p> <p>2. Moreover, the jury having found, under proper instructions, that the transfer to the garnishee was as a pledge to secure an actual indebtedness then existing, and without fraud, the want of such instructions, whether requested or not, was immaterial.</p> <p>3. An entry of the transaction upon the judgment defendant’s books, made as of an absolute sale, with a balance struck in defendant’s favor, not being in the usual course of his business, was inadmissible against the garnishee.</p>