158 Pa. 17 | Pa. | 1893
Opinion by
The plaintiff was a creditor of Tinker, having discounted his paper for over six thousand dollars. Before this paper had all matured, Ritchey, who held the notes of Tinker for a much larger amount, caused judgments to be entered against him and executions to be issued, on which his property, real and personal, was sold; and the proceeds were wholly absorbed by prior liens and Ritchey’s judgments. The bank alleged that these judgments were fraudulently confessed, and that its debtor’s property had been placed beyond its reach by a conspiracy between the defendants in this action to defeat the collection by it of its just claims. The bank sought therefore to recover the amount of its demands against Ritchey and Tinker, as damages sustained by it in consequence of the alleged conspiracy. Its right to recover depended not on the fact that it was a creditor of Tinker, but on the allegation that, being a creditor, it had been defrauded, and the collection of its debt defeated, by the fraudulent conspiracy which it charged. The burden of proof was on the plaintiff. It was not enough to show falsehood and fraud in Tinker in procuring the discount of his notes by the
The judgment is therefore affirmed.