Scott v. Kennedy
Supreme Court of Pennsylvania
Appeal, No. 188, Jan. T., 1900, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1899, No. 281, for defendants on case stated in suit of John H. Scott v. John D. Kennedy and Charles D. Kennedy and Kennedy & Brothers. Rule to open judgment and case stated.
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Appeal, No. 188, Jan. T., 1900, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1899, No. 281, for defendants on case stated in suit of John H. Scott v. John D. Kennedy and Charles D. Kennedy and Kennedy & Brothers. Rule to open judgment and case stated. From the case stated it appeared that on February 1, 1894, plaintiff loaned defendants f3,500 upon the following agreement : “ Borrowed and received of John H. Scott three thousand five hundred dollars payable on demand without defalcation value received together and in lieu of interest thereon with a proportion of the…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The appellant on February 1, 1884, loaned the appellees $8,500, and took from them a due bill payable on demand, together with a portion of the profits of their business equal to $43.75 per month in lieu of interest. At the same time he took their judgment note payable one day after date with interest. The facts differ from those before us on the appeal No. 189, January term, 1900, in which the opinion of the court has been filed, in this respect: in that case the note did not bear interest, and the agreement recited that the note was taken in payment of a debt, and…
2Cases cited1 opinion
- G. Wessels & Co. v. E. Weiss & Co.Supreme Court of Pennsylvania · 1895
3Cited by1 opinion
- Moll v. LaffertySupreme Court of Pennsylvania · 1930