Public-domain · open source
OpenJurist

2 Sadler 195

Linnard's Appeal

Supreme Court of Pennsylvania

Decided April 5, 1886

Supreme Court of Pennsylvania · decided 1886-04-05

2, of Philadelphia County, in equity. The facts of the case appear in the opinion of the court below which was by Hare, J., as follows: Williams obtained a certificate of stock, with a power of attorney in blank from the plaintiffs, by fraudulent pretenses, and pledged it to Linnard as collateral security for a pre-existing debt, in consideration of an agreement on his part to accept promissory notes at ten, sixty, and ninety days for the amount due, and to forbear suit…

Affirmed · Decided 1886-04-05

Per Curiam: :

¶1It is unquestioned that the certificate of the stock in question was transferred to the appellant in fraud of the rights of the appellees. The attempt, however, is to put the former on higher ground than that occupied by his vendor. The evidence shows no equities to produce that result.

¶2*203We therefore concur with the learned judge in bolding that fbe pledge under which the appellant claims is not such a purchase for value as to cure the defect in his title, or to preclude the appellees from reclaiming their stock on the ground of fraud in its transfer.

¶3Decree affirmed and appeal dismissed, at the costs of the appellant.

/2/sadler/195 · .json · Public domain