Stauffer v. Young
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. On tbe 7th of October 1859, there was entered on the records of the court below to August Term 1859, No. 436, a judgment for $10,000, on a bond with a warrant of attorney, executed by David Long, Sr., in favour of B. M. Stauffer, in the penalty of $10,000, conditioned for the payment of $5000, with legal interest, on the next succeeding first day of February.
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Error to the Common Pleas of Lancaster county. On tbe 7th of October 1859, there was entered on the records of the court below to August Term 1859, No. 436, a judgment for $10,000, on a bond with a warrant of attorney, executed by David Long, Sr., in favour of B. M. Stauffer, in the penalty of $10,000, conditioned for the payment of $5000, with legal interest, on the next succeeding first day of February. On the 26th of December the affidavit of David Long was filed, setting forth that he had never signed the said judgment-bond for $5000; that he had borrowed of Stauffer, about a year ago,…
1Opinion of the Court
The opinion of the court was delivered,
by Woodward, J.
The plaintiff, holding the bond of the defendant, dated 8th January 1859, in the penal sum of $10,000, conditioned for the payment of $5000 on the 1st of April 1859, and having entered judgment thereon in the Common Pleas of Lancaster county, the court, upon application of the defendant and proper affidavits filed, opened the judgment and let the defendant into his defence, which consisted of an allegation that the sum borrowed of the plaintiff was $500, and that the bond was obtained from him fraudulently for the sum of $5000.
The…
2Cited by9 opinions
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