Cosgrove v. Cummings
Supreme Court of Pennsylvania
Appeal, No. 319, «lan. T., 1899, by defendants, from order of C. P. Lycoming Co., June T., 1899, No. 142, discharging rule to open judgment, in case of Patrick Cosgrove v. Charles J. Cummings et al. Rule to open judgment. From the record it appeared that on August 11,1897, Patrick Cosgrove brought suit against Charles J. Cummings, John Heilman and Ella R. Cummings. Subsequently the pleadings were so amended that Charles J. Cummings was made sole defendant.
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Appeal, No. 319, «lan. T., 1899, by defendants, from order of C. P. Lycoming Co., June T., 1899, No. 142, discharging rule to open judgment, in case of Patrick Cosgrove v. Charles J. Cummings et al. Rule to open judgment. From the record it appeared that on August 11,1897, Patrick Cosgrove brought suit against Charles J. Cummings, John Heilman and Ella R. Cummings. Subsequently the pleadings were so amended that Charles J. Cummings was made sole defendant. In pursuance of the agreement by which this amendment was made, the bonds referred to in the opinion of the Supreme Court were given. The…
1Opinion of the Court
Per. Curiam,
This is an appeal from the refusal of the court below to open a judgment entered on a bond under seal. A seal imports a consideration and creates a legal obligation: Candor & Henderson’s Appeal, 27 Pa. 120. In an action upon a bond or note under seal want of consideration is no defense: Sherk v. Endress, 3 W. & S. 255; Yard v. Patton, 13 Pa. 278 ; Anderson v. Best, 176 Pa. 498.
In the suit of Cosgrove v. Cummings the defendant offered to ex^ute and deliver to the plaintiff a bond to indemnify or secure him for any judgment that might be obtained in said suit against the defendant…
2Cases cited3 opinions
- Anderson v. BestSupreme Court of Pennsylvania · 1896
- Yard v. PattonSupreme Court of Pennsylvania · 1850
- Sherk v. EndressSupreme Court of Pennsylvania · 1842
3Cited by12 opinions
- Piper v. QueeneySupreme Court of Pennsylvania · 1924
- Killeen's EstateSupreme Court of Pennsylvania · 1932
- Shinn v. StemlerSuperior Court of Pennsylvania · 1945
- Clymer v. GroffSupreme Court of Pennsylvania · 1908
- Poelcher v. PoelcherSupreme Court of Pennsylvania · 1950
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