of Bush v. Trustees of Waring

Pennsylvania Court of Common Pleas

of Bush v. Trustees of Waring

1 S.C.L. 90

DecidedJuly 1, 1789

StatusPublished

This text of 1 S.C.L. 90 (of Bush v. Trustees of Waring) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

of Bush v. Trustees of Waring, 1 S.C.L. 90 (Pa. Super. Ct. 1789).

Pincite

Opinion

The Court

heard with attention the arguments, and were clear and unanimous, that a bona fide assignment made, not for partial but general benefit of all the creditors, and comprehending all the debtor’s property, is not fraudulent, but highly beneficial and equitable to'creditors. The plaintiff had no lien at the time of assignment. His judgment was obtained after. The act of assembly gives priority to ihe first recorded sale or mortgage, but is silent as to judgments. Neither the reasoning nor law applies. The assignment must be supported,

Free access — add to your briefcase to read the full text and ask questions with AI

The Court

heard with attention the arguments, and were clear and unanimous, that a bona fide assignment made, not for partial but general benefit of all the creditors, and comprehending all the debtor’s property, is not fraudulent, but highly beneficial and equitable to'creditors. The plaintiff had no lien at the time of assignment. His judgment was obtained after. The act of assembly gives priority to ihe first recorded sale or mortgage, but is silent as to judgments. Neither the reasoning nor law applies. The assignment must be supported,

Cite This Page — Counsel Stack

Bluebook (online)

1 S.C.L. 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/of-bush-v-trustees-of-waring-pactcompl-1789.