Archer v. Fuller

Decided February 12, 1883

Supreme Court of Pennsylvania · decided 1883-02-12

4 of Philadelphia County. Nos. 102 and 103, January, 1883. This case arose upon an attachment execution. The facts of the case are set forth in the charge of the Court, which was as follows, per: “What is contended for here is the ownership of thirteen hundred shares of stock in the Algonquin Company, that being a Montana mining company. Dr. James Fuller was thé owner of the stock. It stood in his name on the books of the company.

Decided 1883-02-12

¶1The Supreme Court affirmed the judgments of the Common Pleas on February 12, 1883 in the following opinion:

Per Curiam.

¶2The assignments having been made directly to the creditor, the statutory requirements in regard to recording voluntary assignments do not apply. The existence of any fraud to invalidate the transfer was purely a question of fact. The husband and wife were living separately. He was indebted to her. Either as an absolute payment, or as collateral payment of the indebtedness, she took this transfer, and as the jury have found, in good faith. The Court submitted the whole ease in a full, clear and entirely satisfactory charge. We discover no error therein.

¶3Judgment affirmed in each case.