Vietor v. Johnson
Supreme Court of Pennsylvania
Appeals, Nos. 353 and 354, Jan. T., 1892, by William Wood & Company and Knower & Cooley, from decree of C. P. Luzerne Co., dismissing exceptions to report of auditor distributing proceeds of sheriff’s sale under sundry executions, one of which was issued on judgment of Vietor & Achelis v. Johnson, Dec. T., 1889, No. 430. Claim that above plaintiffs should not participate in said distribution.
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Appeals, Nos. 353 and 354, Jan. T., 1892, by William Wood & Company and Knower & Cooley, from decree of C. P. Luzerne Co., dismissing exceptions to report of auditor distributing proceeds of sheriff’s sale under sundry executions, one of which was issued on judgment of Vietor & Achelis v. Johnson, Dec. T., 1889, No. 430. Claim that above plaintiffs should not participate in said distribution. From the report of the auditor, R. C. Shoemaker, it appeared that William Wood & Company were attaching creditors of Johnson, and that Knower & Cooley were judgment creditors and had issued a fi. fa.…
1Opinion of the Court
Per Curiam,
We cannot sustain any of the specifications of error. The principal contention was over the judgment of Yietor & Achclis, which the appellants contended was a void instrument, and did not warrant the entering of judgment and the issuing of execution: See second specification. We cannot say that it was a void instrument. It was a note for $12,500, payable to the maker or bearer, with a confession of judgment for that sum. Upon this note judgment was entered by the firm, Vie-tor & Aehelis, bearers, through their attorney. The consideration of the note was the subject of inquiry, both…
2Cited by6 opinions
- Fischbach & Moore, Inc. v. Philadelphia National BankSuperior Court of Pennsylvania · 1938
- Fritz v. HortenSupreme Court of Pennsylvania · 1914
- Smithman v. GrayMichigan Supreme Court · 1918
- Gluck v. Polakoff, Pennsylvania Court of Common Pleas, Philadelphia County1932
- Pennsylvania Loan Corp. v. Buckingham, Pennsylvania Court of Common Pleas, Wayne County1936
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