Martin v. McCune
Superior Court of Pennsylvania
Appeal No. 90, April T., 1898, by plaintiff, from judgment of C. P. Beaver Co., March T., 1894, No. 411, on verdict for defendant. Assumpsit. Before Crawford, P. J., of the 18th judicial district, specially presiding.
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Appeal No. 90, April T., 1898, by plaintiff, from judgment of C. P. Beaver Co., March T., 1894, No. 411, on verdict for defendant. Assumpsit. Before Crawford, P. J., of the 18th judicial district, specially presiding. It appears from the record and evidence that suit was brought by the payee on a promissory note against the maker for $400. The defense set up was a parol agreement alleged to be made contemporaneously with the execution of the note by virtue of which the defendant claimed he was not to pay it if he was not successful in running a restaurant. Other facts sufficiently appear in…
1Opinion of the Court
Opinion by
Smith, J.,
This suit was brought by the payee of a promissory note against the maker. The defense set up was that the plaintiff had been the owner of a restaurant, furniture and fixtures, situate in East Liverpool, Ohio, and had sold the furniture and fixtures to one Anderson for $1,000. Of this $600 was paid in cash and a first chattel mortgage' given for the balance. Five hundred dollars of the cash payment was borrowed from the defendant, who held a second chattel mortgage as security. Anderson did not succeed in the business and it was alleged that the plaintiff induced the…
2Cases cited5 opinions
- Clinch Valley Coal & Iron Co. ex rel. Grove v. WillingSupreme Court of Pennsylvania · 1897
- Keough v. LeslieSupreme Court of Pennsylvania · 1880
- Wolf v. RosenbachSuperior Court of Pennsylvania · 1896
- Michigan Mut. Life Ins. v. WilliamsSupreme Court of Pennsylvania · 1893
- Sheaffer v. SensenigSupreme Court of Pennsylvania · 1897
3Cited by3 opinions
- Gandy v. WeckerlySupreme Court of Pennsylvania · 1908
- Appleby v. BarrettSuperior Court of Pennsylvania · 1905
- Patton v. FoxSuperior Court of Pennsylvania · 1903