Weekly notes of cases argued and determined in the Supreme Court of Pennsylvania, the county courts of Philadelphia, and the United States district ... eastern district of Pennsylvania Volume 12 - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 Excerpt: ...v. Coster, 2 Wharton, 473. Synder bought the farm at sheriff's sale, and was entitled to take the property as it stood at that time. Borrcll v. Dewart, 37 Pa. St. 134. Hershey v. Metzgar el at., g Nurris, 217. J. C. McAlarney, for defendant in error. October, 1882. The Court. The learned Judge of the Court below repeatedly told the jury that if the judgment confessed by the plaintiff to the defendant for $1532.60 was given for the purpose of defrauding the creditors of the plaintiff, it was void, and there could be no recovery in this case. The jury having rendered a verdict in favor of the plaintiff, have found that there was no fraud in the judgment, and this disposes finally of that branch of the case. As to so much of the contract alleged by the plaintiff to have been made with the defendant as required the latter to save the property of the defendant and not to sell it, the Court properly instructed the jury that there was no evidence of it, and hence no damages could be recovered for the breach of it. There was nothing else in the case except the question whether the defendant had received any money under the judgment for which he ought to account to the plaintiff. There was evidence that the judgment was given to Snyder to protect him for money he had paid or might pay in discharge of Witmer's debts, and Snyder being examined as a witness did not allege any other consideration than this for the judgment. The amount of his payments and the amount he realized under the judgment were questions exclusively for the jury, and they have found there was a balance due the plaintiff upon the adjustment of the account. The verdict was satisfactory to the Court below, and of course we cannot interfere with it. The only material assignments of error relate to the...
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