Cochran v. Eldridge
Supreme Court of Pennsylvania
Certificate from Nisi Prius. This was a feigned issue awarded by Read, J., at Nisi Prius on a motion to open a certain judgment held by Andrew Cochran against James Eldridge, for the purpose of ascertaining what amount was actually paid or advanced on the securities on which suit was brought by plaintiff either before or after their maturity and to whom; and also whether the award was obtained by fraud or collusion.
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Certificate from Nisi Prius. This was a feigned issue awarded by Read, J., at Nisi Prius on a motion to open a certain judgment held by Andrew Cochran against James Eldridge, for the purpose of ascertaining what amount was actually paid or advanced on the securities on which suit was brought by plaintiff either before or after their maturity and to whom; and also whether the award was obtained by fraud or collusion. Under the ruling of the learned judge at Nisi Prius, the jury found that the sum advanced was only $3300, and that the award for $7834.98 was fraudulent and collusive. The case…
1Opinion of the Court
*366The opinion of the court was delivered by
Woodward, C. J.
It is necessary to a clear apprehension of the points to be ruled that the material facts of the case be first stated, and this shall be done as briefly as possible.
James Eldridge, a resident of California since 1854, though at intervals between that date and 1863 sojourning temporarily in the cities of New York, Philadelphia, and Washington, was in Philadelphia in the summer of 1856, when he made two promissory notes, payable to the order of E. S. Townsend, for $3000 each, both dated 19th June 1856, and drawn, one at 30 days, the other…
2Cases cited7 opinions
- Simms v. SlacumSupreme Court of the United States · 1806
- Catlin v. RobinsonSupreme Court of Pennsylvania · 1834
- Kalbach ex rel. Reber v. FisherSupreme Court of Pennsylvania · 1829
- Reigal v. WoodNew York Court of Chancery · 1815
- Shottenkirk v. WheelerNew York Court of Chancery · 1818
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3Cited by35 opinions
- Fisher v. Hestonville, Mantua & Fairmount Passenger Railway Co.Supreme Court of Pennsylvania · 1898
- McEvoy v. Quaker City Cab Co.Supreme Court of Pennsylvania · 1920
- Zeigler's PetitionSupreme Court of Pennsylvania · 1903
- Commonwealth Ex Rel. Levine v. FairSupreme Court of Pennsylvania · 1958
- Salus v. FogelSupreme Court of Pennsylvania · 1930
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