Van Auken v. Dunning
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Pike county: Of January Term 1876, No. 126. On the 15th of June 1872, judgment: Francis Everett against D. M. Yan Auken, was entered in the Court of Common Pleas of Pike county, on the following note:— “$3340.00. On the first day of January A. D. 1873, for value received, I promise to pay Francis Everett, or order, three thousand three hundred and forty dollars, without defalcation or discount, with interest from the date hereof, and I…
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Error to the Court of Common Pleas of Pike county: Of January Term 1876, No. 126. On the 15th of June 1872, judgment: Francis Everett against D. M. Yan Auken, was entered in the Court of Common Pleas of Pike county, on the following note:— “$3340.00. On the first day of January A. D. 1873, for value received, I promise to pay Francis Everett, or order, three thousand three hundred and forty dollars, without defalcation or discount, with interest from the date hereof, and I do hereby confess judgment for the above sum, with interest and costs of suit, and do hereby empower any attorney of the…
1Opinion of the CourtJustice Paxson
We see no error in the rejection of the defendant’s offer. It was proposed to prove that in the spring of 1873, the defendant made a loan of the sum of $2500, of Braddock R. Dunning, at Middletown, in the state of New York, at the rate of seventeen per cent, per annum ; that said loan was usurious by the laws of the state of New York; that with the money thus obtained the defendant paid Everett, the plaintiff in the judgment in controversy,' *467the money due thereon ; and in order to secure the said loan, Dunning procured from Everett an assignment 'of said judgment in Dunning’s favor; that the…
2Cited by4 opinions
- Musser v. StaufferSupreme Court of Pennsylvania · 1896
- Semple v. Kramer Et Ux.Superior Court of Pennsylvania · 1924
- Breintall's EstatePennsylvania Orphans' Court, Philadelphia County · 1936
- Somers v. Hildenbrand, Pennsylvania Court of Common Pleas, Philadelphia County1937