York Bank's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of York county. This was an appeal by the York Bank from the decree of the court below distributing the proceeds of a sheriff’s sale of the real estate of John A. Nevin, under an execution against the firm of Pflieger, Hess & Nevin.
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Appeal from the Common Pleas of York county. This was an appeal by the York Bank from the decree of the court below distributing the proceeds of a sheriff’s sale of the real estate of John A. Nevin, under an execution against the firm of Pflieger, Hess & Nevin. On the 24th February 1858, John A. Nevin, a member of the firm of Pflieger, Hess & Nevin, executed two judgment-notes, under seal, in the name of the firm, in favour of the York Bank; one in the sum of $7341.72 to secure the payment of two notes of the firm, each for $3670.86; and the other, for $8791.91, to secure a number of notes,…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
It did not appear that Nevin had authority from his partners to bind them by a confession of judgment, and therefore the two judgments he gave to the York Bank against the firm of Pfiieger, Hess & Nevin, were properly set aside as to Pflieger and Hess. But they bound him, Nevin. That a judgment confessed by one partner in the firm’s name is good as between him and the creditor, though void as to the copartners, has been often ruled, and was distinctly recognised in Ridgway’s Appeal, 3 Harris 182, the case chiefly relied on by the appellees…
2Cited by16 opinions
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- Houser v. Childs (Gulf Oil Corp.)Superior Court of Pennsylvania · 1937
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