Gill ex rel. Rankin v. Henry
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1880, No. 182. In the court below this was a judgment wherein S. B. W. Gill, to the use of Isaac Rankin, was plaintiff, and Alexander Henry, defendant, entered on the 10th of December 1877, upon a bond with warrant of attorney, which, upon application of defendant, was opened for the purpose of defence, whereupon the defendant filed a plea of payment, and the case was tried upon this…
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1880, No. 182. In the court below this was a judgment wherein S. B. W. Gill, to the use of Isaac Rankin, was plaintiff, and Alexander Henry, defendant, entered on the 10th of December 1877, upon a bond with warrant of attorney, which, upon application of defendant, was opened for the purpose of defence, whereupon the defendant filed a plea of payment, and the case was tried upon this issue. The facts are sufficiently stated in the opinion of this court.
1Opinion of the CourtJustice Green
This was a judgment bond given by the defendant Henry to the legal plaintiff, Gill, for the payment of $8000, dated April 28th 1875. It was accompanied by a mortgage of same date and amount, which was recorded April 30th 1875. On June 1st .1875, Gill assigned the bond and mortgage to the plaintiff, Isaac Rankin, and handed him at the same- time a certificate of no defence signed by Henry. The assignment was made in consideration of $5795, which Gill owed Rankin on May 1st 1875, for moneys which Rankin' had at various times left with Gill for investment. As between Gill and Rankin, therefore,…
2Cases cited1 opinion
- Sherk v. EndressSupreme Court of Pennsylvania · 1842
3Cited by6 opinions
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- Bishop v. BishopCourt of Appeals for the Third Circuit · 1958
- Binkley v. NoltSuperior Court of Pennsylvania · 1911
- Bishop v. BishopCourt of Appeals for the Third Circuit · 1958
- Bank of New Hanover v. AdrianSupreme Court of North Carolina · 1895
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