Legal Opinion

Rothermal v. Hughes

Supreme Court of Pennsylvania

Decided May 5, 1890No. 143PublishedCited by 5 opinions

APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS OF LUZERNE COUNTY. No. 143 July Term 1889, Sup. Ct.; court below, No. 32 January Term 1887, C. P. On November 2, 1886, Amos Rothermal and Cyrus Kauffman, trading as Rothermal & Kauffman, brought debt against A. H. Dankle, M. C. Ramsey, W. M. Hughes, J. B. Hutchinson, Samuel B. Cressman, H. Halsey, Att’y, C. F. Hill, and William H. Hertz, to recover upon a joint note made by the defendants to the order of Rothermal &…

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APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS OF LUZERNE COUNTY. No. 143 July Term 1889, Sup. Ct.; court below, No. 32 January Term 1887, C. P. On November 2, 1886, Amos Rothermal and Cyrus Kauffman, trading as Rothermal & Kauffman, brought debt against A. H. Dankle, M. C. Ramsey, W. M. Hughes, J. B. Hutchinson, Samuel B. Cressman, H. Halsey, Att’y, C. F. Hill, and William H. Hertz, to recover upon a joint note made by the defendants to the order of Rothermal & Kauffman, dated March 31, 1885, for $800, at one year after date. Dankle and Ramsey were not served; the other defendants…

1Per curiam

It was decided in Geier v. Shade, 109 Pa. 180, that a note given in settlement of a criminal prosecution for obtaining money by means of false pretences was founded upon a valid consideration. So far from the settlement of this class of cases being illegal, it is expressly authorized by the ninth section of the act of March 31,1860. Either the magistrate before whom the proceedings are commenced, or the court to which they are returned, may permit it. This principle is so well settled that we are surprised that such a question should be seriousty made in this court.

The note in controversy was…

2Cases cited1 opinion

  1. Geier v. ShadeSupreme Court of Pennsylvania · 1885

3Cited by5 opinions

  1. Green v. WilkieSupreme Court of Iowa · 1896
  2. Stauffer Stauffer v. GebhardtSuperior Court of Pennsylvania · 1931
  3. Commonwealth v. CarrSuperior Court of Pennsylvania · 1905
  4. Commonwealth v. Olloman, Pennsylvania Court of Common Pleas, Washington County1934
  5. Macdonald v. SchroederSuperior Court of Pennsylvania · 1905

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