Kellogg v. Krauser
Supreme Court of Pennsylvania
IN ERROR. It appeared by the record in this case, and the papers returned with it on a writ of error to the Court of Common Pleas of Berks county, that Samuel Krauser, the defendant below, and John Krauser, deceased; gave a bond with warrant of attorney, to confess judgment to Frederick Foering; in the sum of five thousand dollars, conditioned for the payment of two thousand five hundred dollars, with interest.
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IN ERROR. It appeared by the record in this case, and the papers returned with it on a writ of error to the Court of Common Pleas of Berks county, that Samuel Krauser, the defendant below, and John Krauser, deceased; gave a bond with warrant of attorney, to confess judgment to Frederick Foering; in the sum of five thousand dollars, conditioned for the payment of two thousand five hundred dollars, with interest. Frederick Foering assigned this bond and warrant to Jacob K. Boyer, who assigned them to Rufus Kellogg, the plaintiff. Judgment was entered by virtue of the warrant of attorney, as of…
1Opinion of the Court
The opinion of the court was delivered by
Tilghman, C. J.
Several bills of exception were taken by the counsel for the plaintiff, in the course of the trial’ of this cause, which we are now to consider.
1. The court admitted evidence, on behalf of the defendant, of Boyer's confession before he assigned to Kellogg, that a few days after the entry of the judgment, and when its entry was unknown to the-defendant, he paid to the said Boyer three hundred dollars, in consideration whereof Boyer agreed not to enter judgment on the bond, as long as the interest was regularly paid. The main argument…
2Cited by8 opinions
- Derby v. GallupSupreme Court of Minnesota · 1860
- Gibblehouse v. StongSupreme Court of Pennsylvania · 1832
- Andrews v. BeeckerNew York Supreme Court · 1800
- Culver v. HaslamNew York Supreme Court · 1849
- In re Pearl-streetNew York Supreme Court · 1839
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