Corporations — Disregarding corporation fiction — Corporation formed to avoid liability to defendant's creditors — Succession to defendant's business — Attachment execution.
1. The corporate fiction will be disregarded and the individuals and corporation considered as identical whenever justice or public policy demands it and when the rights of innocent parties are not prejudiced thereby.
2. In an attachment execution proceeding, in which it appeared that the garnishee was indebted to corporation G; and that the trial judge found that corporation G had been formed by relatives of defendant for the sole purpose of allowing him to continue in business without responsibility to his individual creditors and that the new corporation had succeeded to the business operated by defendant, including his principal customer, the garnishee, and, therefore, made a finding for plaintiff; it was Held that the judgment entered on the finding should be affirmed.
Argued October 9, 1957.
OPINION PER CURIAM, November 12, 1957:
The judgment of the court below is affirmed on the opinion of Judge BURCH, as reported in 9 Pa. D. C. 2d 741.