Leonard v. Duffin
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county: Of January Term 1880, No. 173. Feigned issue wherein Catherine Leonard, administratrix of Elizabeth Murtaugh, deceased, was plaintiff, and John O. Duffin and Mary Duffin defendants, to inquire into the consideration of a judgment for $1065, entered on a judgment-note with a warrant to confess judgment, which judgment the court opened and let the defendants into a defence.
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Error to the Court of Common Pleas of Northampton county: Of January Term 1880, No. 173. Feigned issue wherein Catherine Leonard, administratrix of Elizabeth Murtaugh, deceased, was plaintiff, and John O. Duffin and Mary Duffin defendants, to inquire into the consideration of a judgment for $1065, entered on a judgment-note with a warrant to confess judgment, which judgment the court opened and let the defendants into a defence. At the trial it appeared that in 1866, Samuel Duffin borrowed of Mrs. Elizabeth Murtaugh $300. Between 1866 and 1870, Jane Duffin, wife of Samuel Duffin, borrowed of…
1Opinion of the CourtJustice Mercur
This contention arose on a note executed by the defendants under seal with warrant of attorney to confess judgment. The judgment entered thereon was opened and the defendants permitted to defend. They were children of Samuel Duffin and Jane Duffin, his wife. The father and mother had each borrowed money of the plaintiff. The mother had given her individual notes for the amount of her indebtedness. The notes were due and unpaid. The one in question was given in payment of the sums due by both father and mother. The court held that, to ' the extent the indebtedness of the mother formed a part…
2Cited by9 opinions
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- Holden v. BanesSupreme Court of Pennsylvania · 1891
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