Allen v. Gregg ex rel. McCandless
Supreme Court of Pennsylvania
Error, No. 115, Oct. T. 1888, to O. P. Butler Co., to review a judgment on a verdict for plaintiff in an action of debt, by David Gregg, -for use of Charles McCandless, against Samuel Allen, Henry Allen and Thomas Allen, at June T. 1888, No. 239. The facts are stated in the opinion of the supreme court.
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Error, No. 115, Oct. T. 1888, to O. P. Butler Co., to review a judgment on a verdict for plaintiff in an action of debt, by David Gregg, -for use of Charles McCandless, against Samuel Allen, Henry Allen and Thomas Allen, at June T. 1888, No. 239. The facts are stated in the opinion of the supreme court. At the trial, before Hazen, P. J., the plaintiff offered in evidence a contract signed by Robert Allen, without date, agreeing to pay Gen. Eckley and Charles McCandless one-half the amount of the reduction of the mortgage of J. McCutcheon, for use v. Robert Allen, and judgment thereon, and…
1Opinion of the Court
Sterrett, J.,
The transactions ont of which this contention has arisen are somewhat involved; bnt, by reference to the pleadings, affidavits of claim and defense, and exhibits connected therewith, the main allegations of fact appear to be substantially as follows : In May, 1877, David Gregg recovered a judgment, in an action of scire facias sur mortgage against Robert Allen, for $24,440. The defendant, Allen, alleging he had a valid defense to a considerable portion of the judgment, retained Messrs. McCandless and Eckley as his attorneys to procure an order opening the .judgment and letting…
2Cases cited1 opinion
- McCutcheon ex rel. Gregg v. AllenSupreme Court of Pennsylvania · 1880