Miller v. Royal Flint Glass Works
Supreme Court of Pennsylvania
Appeal, No. 109, Oct. T., 1895, from judgment of C. P. Beaver Co., March T., 1892, No. 219, on verdict for plaintiff. Issue to determine validity of judgment. Before Wickham, P. J. On May 7,1883, plaintiff took a judgment note from the firm of “Royal Flint Glass Works.” The note was signed “Royal Flint Glass Works, J. Elsoffer, Treasurer, William McKibben, President.” Henry Wagner was one of the partners.
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Appeal, No. 109, Oct. T., 1895, from judgment of C. P. Beaver Co., March T., 1892, No. 219, on verdict for plaintiff. Issue to determine validity of judgment. Before Wickham, P. J. On May 7,1883, plaintiff took a judgment note from the firm of “Royal Flint Glass Works.” The note was signed “Royal Flint Glass Works, J. Elsoffer, Treasurer, William McKibben, President.” Henry Wagner was one of the partners. On February 4,1892, the note together with a declaration setting forth the names of the partners was filed in the common pleas, and judgment entered under the warrant. Henry Wagner, one of…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The duty of the prothonotary in entering a judgment by con fession on a warrant of attorney, under the act of February 24, 1806, is to enter it “ against the person or persons who executed the same,” but this does not restrict him to the name or names appearing in full on the face of the warrant. If it did, then a confession by a partnership in the firm name only, could never be entered up so as to be a valid lien against subsequent creditors: York Bank’s Appeal, 36 Pa. 458. In Overton v. Tozer, 7 Watts, 331, the warrant was signed “ T. C. Smart Jr. & Co.” and…
2Cases cited4 opinions
- York Bank's AppealSupreme Court of Pennsylvania · 1860
- Kramer v. DinsmoreSupreme Court of Pennsylvania · 1893
- Fichthorn v. BoyerSupreme Court of Pennsylvania · 1836
- Overton v. TozerSupreme Court of Pennsylvania · 1838
3Cited by17 opinions
- Harr, SEC. of Bk. v. BernheimerSupreme Court of Pennsylvania · 1936
- Jamestown Banking Co. v. Conneaut Lake Dock & Dredge Co.Supreme Court of Pennsylvania · 1940
- Russeck v. ShapiroSuperior Court of Pennsylvania · 1951
- Ulick v. Vibration Specialty Co.Supreme Court of Pennsylvania · 1943
- Houser v. Childs (Gulf Oil Corp.)Superior Court of Pennsylvania · 1937
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