May v. Newingham
Superior Court of Pennsylvania
Appeal, No. 17, April T., 1901, by defendant, from judgment of C. P. Westmoreland Co., Aug. T., 1898, No. 505, on verdict for plaintiff in case of S. G. May v. Rose A. Newingham. Replevin for horses and other personal property connected with a livery stable.
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Appeal, No. 17, April T., 1901, by defendant, from judgment of C. P. Westmoreland Co., Aug. T., 1898, No. 505, on verdict for plaintiff in case of S. G. May v. Rose A. Newingham. Replevin for horses and other personal property connected with a livery stable. Before McConnell, J. At the trial it appeared that on July 22, 1897, T. B. May leased to Rose A. Newingham, a livery stable outfit for one year and one month for the sum of #1,613, payable #600 on the day of date of the lease, and the balance in instalments at certain specified periods. The lease further provided that upon payment of said…
1Opinion of the Court
Opinion by
Rice, P. J.,
It is a well settled principle that the law casts upon the assignee of a bond or a judgment note the duty of notifying the obligor or the promisor, in order to protect his rights thereto and prevent the extinguishment of the debt by payment to the obligee or promisee. Bury v. Hartman, 4 S. & R. 175, Brindle v. McIlvaine, 9 S. & R. 74, Henry v. Brothers, 48 Pa. 70, Horstman v. Gerker, 49 Pa. 282, Hodgdon v. Naglee, 5 W. & S. 217, Foster v. Carson, 159 Pa. 477, and Lee v. Sallada, 7 Pa. Superior Ct. 98, are a few of the numerous cases in which this principle has been…
2Cases cited8 opinions
- Noble v. Thompson Oil Co. ex rel. BrownSupreme Court of Pennsylvania · 1875
- Horstman v. GerkerSupreme Court of Pennsylvania · 1865
- Gaullagher v. CaldwellSupreme Court of Pennsylvania · 1853
- Foster v. CarsonSupreme Court of Pennsylvania · 1894
- Henry v. BrothersSupreme Court of Pennsylvania · 1864
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3Cited by4 opinions
- Work v. PrallSuperior Court of Pennsylvania · 1904
- Burger, for Use v. Freedom Twp.Superior Court of Pennsylvania · 1936
- Mulvihill v. Philadelphia Saving Fund SocietySuperior Court of Pennsylvania · 1934
- Ewald v. Fidelity Title & Trust Co.Superior Court of Pennsylvania · 1910