collection claim in Pennsylvania

1949In Schmucker v. Lawler, 38 Pa. Superior Ct. 578 (1909) the court said: “The effect of the act . . . was to render fraudulent and voidable a sale in bulk ... as against any creditor of the seller who institutes an appropriate proceeding to invalidate such sale.

1912In Schmucker v. Lawler, 38 Pa. Superior Ct. 578 , it was held that an attachment execution under the Act of June 16, 1836, P. L. 765, was not an appropriate remedy because that section relates to goods pawned, pledged, or demised.

1914Ct. 295 ; Feingold v. Sternberg, 33 Pa. Super.

1912No particular mode of procedure is prescribed by the act, but it has been held, upon full consideration of the subject, that a creditor has a right to attack the sale in the method which was always an available and appropriate method for a creditor to pursue in order to invalidate, that is, to render of no legal force and effect, so far as the collection of his claim is concerned, a sale of chattels which, as to such creditor, is voidable upon the ground of fraud, namely, to levy on the goods as the property of the debtor, and, in response to the sheriff’s rule to interplead, to aver the facts

2015Iowa-Des Moines Nat’l Bank, 284 U.S. at 243 , 52 S.Ct. 133 .

2015Iowa-Des Moines Nat’l Bank, 284 U.S. at 243 , 52 S.Ct. 133 .

1978Compare Bilick v. Dudley, 356 F.Supp. 945 (S.D.N.Y.1973); Hughes v. Rizzo, 282 F.Supp. 881 (E.D.Pa.1968).

1978Compare Bilick v. Dudley, 356 F.Supp. 945 (S.D.N.Y. 1973); Hughes v. Rizzo, 282 F.Supp. 881 (E.D.Pa. 1968).

1961Subsequently, in Johnston v. Speer, 92 Pa. 227 , Mr. Justice Gordon reaffirmed this proposition in the following language: “If there is anything positively settled with reference to an agreement, in a bond, mortgage or note, for the payment of a fixed sum as attorney’s commissions, it is that the sum so fixed belongs to the payee or mortgagee as a compensation for the expenses and trouble he may incur in the collection of the claim”.

1961Again, in Lewis v. Germania Savings Bank, 96 Pa. 86 , the principle was recognized that payment of attorney’s commissions will be enforced to the extent necessary to compensate the creditor for the reasonable expenses of collection.

1942It is within the legislative power of the Commonwealth to grant to municipalities a remedy for the collection of taxes against property by a pérsonal action against the owner: Barnesboro Borough v. Speice, 40 Pa. Superior Ct. 609 , and cases there cited; Franklin v. Hancock, 18 Pa. Superior Ct. 398 and 204 Pa. 110 .” It seems clear to us, therefore, that the City of Beaver Falls was justified in proceeding by action of assumpsit against the executor of the estate of Dorothea Richards for the collection of this claim, and that it is not barred from recovering by the fact that the municipal clai

1942It is within the legislative power of the Commonwealth to grant to municipalities a remedy for the collection of taxes against property by a pérsonal action against the owner: Barnesboro Borough v. Speice, 40 Pa. Superior Ct. 609 , and cases there cited; Franklin v. Hancock, 18 Pa. Superior Ct. 398 and 204 Pa. 110 .” It seems clear to us, therefore, that the City of Beaver Falls was justified in proceeding by action of assumpsit against the executor of the estate of Dorothea Richards for the collection of this claim, and that it is not barred from recovering by the fact that the municipal clai

1942It is within the legislative power of the Commonwealth to grant to municipalities a remedy for the collection of taxes against property by a pérsonal action against the owner: Barnesboro Borough v. Speice, 40 Pa. Superior Ct. 609 , and cases there cited; Franklin v. Hancock, 18 Pa. Superior Ct. 398 and 204 Pa. 110 .” It seems clear to us, therefore, that the City of Beaver Falls was justified in proceeding by action of assumpsit against the executor of the estate of Dorothea Richards for the collection of this claim, and that it is not barred from recovering by the fact that the municipal clai

1941In Stancill v. Underwood, 124 S. E. 845 , the Supreme Court of North Carolina held in an action for malicious prosecution that where plaintiff was arrested on a warrant charging him with unlawfully obtaining merchandise by means of worthless checks, in violation of section 4283, indorsement on the *288 warrant authorizing officer to collect bill and all costs, “if defendant wishes to pay” and another indorsement that the amount was collected by officer, was evidence that the object or the criminal prosecution was the collection of the claim and not the vindication of public justice and was suf

1933In Adam v. Mengel, Admr., 5 Sadler 402 , it was decided that an acknowledgment of a mortgage before a justice of the peace who had qualified as clerk of the courts was valid, although an act of assembly declared that no person should be capable of holding both offices at the same time, and further that the accept anee of the money secured by the mortgage estopped the mortgagor from denying the validity of the acknowledgment.

1911For example, a conveyance intended to defraud creditors is not void, but only voidable by the creditors whom it tended to defraud; and this does not include prior hen creditors: Byrod's App., 31 Pa. 241 .

1911“He has the right to attack it in the method which was always an available and appropriate method for a creditor to pursue in order to invalidate, that is, to render of no legal force and effect, so far as the collection of his claim is concerned, a sale of chattels by a debtor, which as to such creditor is voidable upon the ground of fraud.” In the construction of the statutes of Elizabeth, relating to fraudulent conveyances, it has been held that they are voidable as to creditors, only so far as to enable such persons as are prejudiced thereby, to enforce their demands against the grantor: H

1904A pending foreign attachment, in which no appearance has been entered by the defendant, is as between the plaintiff and defendant a proceeding in rem; a judgment entered in sucha case binds only the property attached, or to speak more accurately only the interest of the defendant in the property attached, under the Act of June 13, 1836, P. L. 568, and the statute provides no process for the collection of the claim out of property of the defendant not bound by the original attachment : Wilson v. Mechanics’ Savings Bank, 45 Pa. 488 ; Smith v. Eyre, 149 Pa. 272 ; Megee v. Beirne, 39 Pa. 50 .

1904A pending foreign attachment, in which no appearance has been entered by the defendant, is as between the plaintiff and defendant a proceeding in rem; a judgment entered in sucha case binds only the property attached, or to speak more accurately only the interest of the defendant in the property attached, under the Act of June 13, 1836, P. L. 568, and the statute provides no process for the collection of the claim out of property of the defendant not bound by the original attachment : Wilson v. Mechanics’ Savings Bank, 45 Pa. 488 ; Smith v. Eyre, 149 Pa. 272 ; Megee v. Beirne, 39 Pa. 50 .

1904A pending foreign attachment, in which no appearance has been entered by the defendant, is as between the plaintiff and defendant a proceeding in rem; a judgment entered in sucha case binds only the property attached, or to speak more accurately only the interest of the defendant in the property attached, under the Act of June 13, 1836, P. L. 568, and the statute provides no process for the collection of the claim out of property of the defendant not bound by the original attachment : Wilson v. Mechanics’ Savings Bank, 45 Pa. 488 ; Smith v. Eyre, 149 Pa. 272 ; Megee v. Beirne, 39 Pa. 50 .

1902“We are not permitted to assign a bad motive to an act which is not wrong in itself or in its necessary consequence ”: Covanhovan v. Hart, 21 Pa. 495 . “ A jury is not at liberty to deduce fraud from that which the law pronounces honest”: York County Bank v. Carter, 38 Pa. 446 .

1902“We are not permitted to assign a bad motive to an act which is not wrong in itself or in its necessary consequence ”: Covanhovan v. Hart, 21 Pa. 495 . “ A jury is not at liberty to deduce fraud from that which the law pronounces honest”: York County Bank v. Carter, 38 Pa. 446 .