Blystone v. Blystone
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county, in which this was a feigned issue to try the validity of a judgment, Isaac Blystone against Frederick A. Blystone, obtained by confession, February 17th 1859, for $1200. Frederick was the son of Isaac, and had been in partnership with his brother, as C. H. Blystone & Co. In 1858 Isaac bought out Frederick’s interest in the firm, and agreed to pay the debts of the firm, or of Frederick.
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Error to the Court of Common Pleas of Crawford county, in which this was a feigned issue to try the validity of a judgment, Isaac Blystone against Frederick A. Blystone, obtained by confession, February 17th 1859, for $1200. Frederick was the son of Isaac, and had been in partnership with his brother, as C. H. Blystone & Co. In 1858 Isaac bought out Frederick’s interest in the firm, and agreed to pay the debts of the firm, or of Frederick. Isaac not being able to pay the debts as they became due, and fearful of being pressed, induced Frederick to confess the above judgment to him, there being…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
There is not much room for dispute about the legal principles governing in cases of confederated fraud, as between the parties to it. The supposed difficulty here lies in their applicability to the case in hand. “ There is a class of cases,” said my brother Woodward, in Miller’s Appeal, 6 Casey 478, “ where the parties to a fraudulent or even an illegal contract, have fully executed it themselves, in which courts of justice will not interfere to unravel their doings ; but, considering them in pari delicto, will leave them bound as they…
2Cases cited1 opinion
- Stewart v. KearneySupreme Court of Pennsylvania · 1837
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