Montague v. Read
Supreme Court of Pennsylvania
FROM THE DECREES OF THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY. Nos. 461, 462 January Term 1889, Sup. Ct.; court below, No. 278 November Term 1887, and No. 540 April Term 1878, C. P. On February 17, 1887, upon petition filed by tbe defendant, a rule was granted upon tbe plaintiff to show cause why satisfaction should not be stricken off as to two judgments in favor of E. T. Montague against W. S. Read, one entered on November 20, 1877, for $703.50 ; tbe other entered on…
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FROM THE DECREES OF THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY. Nos. 461, 462 January Term 1889, Sup. Ct.; court below, No. 278 November Term 1887, and No. 540 April Term 1878, C. P. On February 17, 1887, upon petition filed by tbe defendant, a rule was granted upon tbe plaintiff to show cause why satisfaction should not be stricken off as to two judgments in favor of E. T. Montague against W. S. Read, one entered on November 20, 1877, for $703.50 ; tbe other entered on May 81, 1878, for $504, and the said judgments opened. On November 28, 1887, an order was made upon said rule as follows :…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson:
This was an appeal from the order of the court below refusing to open two judgments, in each of which the appellant was defendant. The judgments had been satisfied of record by the plaintiff therein. The appellant alleges that the satisfaction was entered for the purpose of depriving him of the defence of usury; that he had given the plaintiff a new obligation for the money; that the transaction was usurious in its origin, and that a portion of the usury was contained in the satisfied judgments. The defendant moved the court below to strike off the entry of…
2Cases cited2 opinions
- Montague v. McDowellSupreme Court of Pennsylvania · 1882
- Campbell v. SloanSupreme Court of Pennsylvania · 1870
3Cited by3 opinions
- Neustein v. Insurance Placement FacilitySuperior Court of Pennsylvania · 1979
- Globe Consumer Discount Co. v. City Wide Paint Stores, Inc., Pennsylvania Court of Common Pleas, Philadelphia County1966
- Neustein v. Insurance Placement FacilitySuperior Court of Pennsylvania · 1979