Werner v. Zierfuss

Citations

• 162 Pa. 360
• 29 A. 737
• 1894 Pa. LEXIS 988

Syllabus

<p>Conveyance in fraud of creditors- — Antecedent debt — Evidence.</p> <p>If a creditor takes a judgment, or conveyance, or payment in any form, to secure an actual debt, the transaction will be valid against other creditors, although he knew that the effect would be to postpone the others ; that the debtor intended it to have that effect; and although he took it to aid that effect as well as to protect himself. The criterion is not the effect but the fraudulent intent.</p> <p>It follows that where there is an actual debt the jury cannot be permitted to infer a fraudulent intent from the mere fact of payment or preference given to it.</p> <p>To impeach the payment or securing of an actual debt'there should be evidence tending to show either, first, some advantage or benefit to the debtor beyond the discharge of his obligation; or, secondly, some other benefit to the creditor beyond mere payment of his debt; or, lastly, some injury to the other creditors beyond mere postponement to the debt preferred.</p>