Winton v. Freeman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lackawanna county : Of January Term 1882, No. 399. Feigned issue, wherein W. W. Winton, to the use of the Second National Bank of Scranton, was ¡fiaintiff, and Oscar F. Freeman was defendant, to determine the validity of a judgment entered upon a judgment note given by Oscar F. Freeman to C. W. Freeman and assigned to the plaintiff. The judgment was opened by the court, and the defendant let into a defence.
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Error to the Court of Common Pleas of Lackawanna county : Of January Term 1882, No. 399. Feigned issue, wherein W. W. Winton, to the use of the Second National Bank of Scranton, was ¡fiaintiff, and Oscar F. Freeman was defendant, to determine the validity of a judgment entered upon a judgment note given by Oscar F. Freeman to C. W. Freeman and assigned to the plaintiff. The judgment was opened by the court, and the defendant let into a defence. On the trial, before Handlet, P. J., the following facts appeared : — In 1877, C. W. Freeman, a jeweler in Scranton, being embarrassed and pressed by…
1Opinion of the CourtJustice Paxson
This was an issue in the court below to test the validity of a judgment entered upon a note given by Oscar F. Freeman, defendant in error, to 0. W. Freeman, and by the latter assigned to W. W. Winton for the Second National'Bank of Scranton. The bank claimed to hold it as collateral for the indebtedness-of 0. W. Freeman.
The note was one of a series of four notes of $2,500 each, and it was not denied that they were collusively given to hinder and delay the creditors of C. W. Freeman. After the note in controversy had been transferred to the bank the two Free-mans became alarmed at the possible…
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