Taylor v. Paul

Citations

• 6 Pa. Super. 496
• 1898 Pa. Super. LEXIS 187

Syllabus

<p>Sale — Assignment for creditors — Parol evidence.</p> <p>An assignment of property by an insolvent debtor, although absolute on its face, may be shown by parol evidence to have been intended to create a trust for creditors.</p> <p>Practice, O. P. — Charge of court — “ Clear and satisfactory evidence</p> <p>Where, even in the absence of special request for instruction, the court undertakes to instruct the jury as to the measure or quality of proof required having stated the rule by which the jury should be governed in determining the issue, error may be assigned if the true rule is not given. To instruct the jury that a fact must be established by the “ weight of the evidence” is not equivalent to saying that it must be established “ by clear and satisfactory evidence.” The latter implies a higher degree of proof than the former.</p> <p>Husband and wife — Wife claiming against creditors — Burden and quality of proof.</p> <p>The property of a husband is not to be covered up or withheld from creditors upon equivocal suspicions or doubtful evidence of a wife’s right to it. The family relation is such, and the probabilities of ownership so great on part of the husband, that a plain and satisfactory case should be made out before the wife can be permitted to hold property against honest creditors. The burden of proof is upon the wife claiming under such circumstances and such proof must be clear and satisfactory.</p>