Mitchell v. Mitchell

Supreme Court of Pennsylvania May 8, 1905

Mitchell v. Mitchell, 212 Pa. 62 (Pa. 1905)

61 A. 570; 1905 Pa. LEXIS 550

Brown, Elkin, Mestrezat, Mitchell, Potter

Opinion of the Court

Per Curiam,

The principle volenti non fit injuria is a good defense to what would otherwise be actual fraud: Zuver v. Clark, 104 Pa. 222, and a fortiori it is good against merely constructive fraud. The jury have found that plaintiff knew and assented to the conveyance by defendant to the latter’s wife. That ended the plaintiff’s case.

An attorney at law who acts for both parties in negotiations or communications in presence of both is a competent witness for either as to such matters: Goodwin Gas Stove & Meter Co.’s Appeal, 117 Pa. 514.

Judgment affirmed.

Reference

Cited By: 3 cases
Status: Published
Syllabus: Deed.—Fraud—N otice—Creditor. The principle volenti non fit injuria is a good defense to what would otherwise be actual fraud, and a fortiori it is good against merely constructive fraud. Where a creditor knows and assents to a conveyance by his debtor to the latter’s wife, he cannot after having secured a judgment against the debtor sell the property conveyed as that of the debtor. Evidence—Witness—Competency of witness—Attorney at law. An attorney at law who acts for both parties in negotiations or communications in presence of both is a competent witness for either as to such matters.