Crawford v. Krueger
Supreme Court of Pennsylvania
Appeal, No. 122, Oct. T., 1901, by plaintiff, from judgment of O. P. No. 3, Allegheny Co., Aug. T., 1900, No. 546, on verdict for plaintiff in case of Rufus'C. Crawford, Executor of L. M. Horn, Deceased, v. Oscar E. Krueger, with notice to Lorenz T. Yoder and F. T. Lusk, impleaded with Walter C. Randolph and W. H. Brown, Terre-Tenants. Scire facias to revive a judgment.
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Appeal, No. 122, Oct. T., 1901, by plaintiff, from judgment of O. P. No. 3, Allegheny Co., Aug. T., 1900, No. 546, on verdict for plaintiff in case of Rufus'C. Crawford, Executor of L. M. Horn, Deceased, v. Oscar E. Krueger, with notice to Lorenz T. Yoder and F. T. Lusk, impleaded with Walter C. Randolph and W. H. Brown, Terre-Tenants. Scire facias to revive a judgment. Before Evans, J. At the trial it appeared that the original judgment was for $1,500. This judgment was entered in 1895. In 1898 defendant began negotiations with his creditors for a settlement. As a result of these…
1Opinion of the Court
Opinion bv
Mb. Justice Fell,
There was no dispute as to the facts at the trial and the case turned on the effect of the agreement between a creditor and his debtor for the discharge of a debt. If a composition agreement, it was valid and prevented a recovery. The form of a composition agreement is immaterial if the essential elements of concession to an insolvent or embarrassed debtor, and mutuality of contracts between the creditors are present. Such an *350agreement is not with the debtor only, but between the creditors as well, each acting on the faith of the promise of the others to relinquish…
2Cases cited1 opinion
- Laird v. CampbellSupreme Court of Pennsylvania · 1880
3Cited by3 opinions
- Magazine Digest Publishing Co. v. ShadeSupreme Court of Pennsylvania · 1938
- Rosenblum v. EdwardsSuperior Court of Pennsylvania · 1939
- Ives v. Scranton Textile Co.Superior Court of Pennsylvania · 1912