Reed v. Martin
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county. In October, 1852, Ephraim Martin, the plaintiff below, issued an attachment, under the Act of 12th July, 1842, against Martin Boyles and John Haggerty, and attached property of one of the defendants — Martin Boyles, and of Miles Boyles.
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Error to the Court of Common Pleas of Erie county. In October, 1852, Ephraim Martin, the plaintiff below, issued an attachment, under the Act of 12th July, 1842, against Martin Boyles and John Haggerty, and attached property of one of the defendants — Martin Boyles, and of Miles Boyles. Reed and Martin Boyles, defendants in this case below, gave the bond upon which this suit was brought, on the 22d October, 1852, and previous to the trial before the justice to obtain a release of the property so attached. Plaintiff subsequently obtained judgment on his attachment before the justice against…
1Opinion of the Court
The opinion of the court was delivered
by Lowrie, J.
We are entirely unable to regard this arrangement, relied on here by the defendant, as an actual substitution of one security for another: even though Miles Boyles went to the plaintiff below at the request of Reed. He was not treating for the benefit of Reed, but of himself, and perhaps, Martin Boyles. He wanted to have property in which he claimed some interest, released from the attachment, and also some of Martin Boyles’s. He proposed a certain sum for this, and the proposal was accepted, and a time and place fixed for receiving the money…
2Cited by2 opinions
- Schwartzfager v. Pittsburgh, Harmony, Butler & New Castle Railway Co.Supreme Court of Pennsylvania · 1913
- Paper House of Pennsylvania v. Frederick, Pennsylvania Court of Common Pleas, Lehigh County1924