McCain v. Peart
Pennsylvania Court of Common Pleas, Armstrong County
No. 79 October Term 1891, Sup. Ct.; court below, No. 815 December Term 1885, C. P. On December 3, 1885, judgment was entered in the court below in favor of James H. McCain, executor of John Gilpin,; deceased, for $7,095.37, upon a note under seal signed by Peter P..
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No. 79 October Term 1891, Sup. Ct.; court below, No. 815 December Term 1885, C. P. On December 3, 1885, judgment was entered in the court below in favor of James H. McCain, executor of John Gilpin,; deceased, for $7,095.37, upon a note under seal signed by Peter P.. Brice, bearing date January 23,1880, at one day after date, containing a warrant of attorney to confess judgment; Subsequently, Peter P. Brice having died, and his executor, S. M. Peart, having been substituted as defendant, the court,= on petition filed, granted a rule to open the judgment which was made absolute after hearing;…
1Opinion of the Court
Opinion,
Me. Justice Green:
The learned court below very properly held that the judgment note given by Brice to Gilpin, and the contemporaneous paper signed by Brice and Gilpin, must be regarded as one transaction, and that, thus regarded, the former was a mere'security for moneys which had been or might be loaned to or paid for Brice. Viewed in that light, the judgment note was in no sense the real cause of action of Gilpin against Brice: and, if no proof had been given for the plaintiff of moneys loaned to or paid for Brice, the plaintiff could have recovered nothing against the defendant,…
2Cases cited1 opinion
- McCoon v. GalbraithSupreme Court of Pennsylvania · 1857
3Cited by3 opinions
- Estate of RitcheySuperior Court of Pennsylvania · 1898
- Findley v. BryansSuperior Court of Pennsylvania · 1914
- Arnold v. Arnold, Pennsylvania Court of Common Pleas, Bedford County1930