Ellinger's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas No. 1 of Allegheny county: Of October Term 1886, No. 178. Appeal from the decree of said court discharging a rule to show cause why a judgment entered upon a judgment note should not be opened, and the defendant be let into a defence.
Read the full summary
Appeal from the Court of Common Pleas No. 1 of Allegheny county: Of October Term 1886, No. 178. Appeal from the decree of said court discharging a rule to show cause why a judgment entered upon a judgment note should not be opened, and the defendant be let into a defence. The following is a copy of the note upon which said judgment was entered on November 21st, 1885. * $700 Greenville, Pa., April 1st, 1874. Three years after date, we promise to pay to Rebecca M’Curdy, or order, seven hundred dollars, at-, value received, with interest at 8 per cent., and hereby authorize any attorney or the…
1Opinion of the CourtJustice Green
The obligation upon which the judgment in this case was entered was, in terms, the promissory note of two individual persons, Joseph Partridge and James Ellinger, with an added clause containing an authority to confess judgment, with waiver of exemption and inquisition, and provision for an attorney’s commission. It was not under seal. Nothing appears upon the face of the instrument indicating that it was, or was intended to be,a partnership obligation, or designed for any partnership use. It was dated April 1st, 1874, and was payable three years after date. Judgment was not entered upon it…
2Cited by9 opinions
- Woods v. IrwinSupreme Court of Pennsylvania · 1891
- Anaconda Mining Co. v. SaileMontana Supreme Court · 1895
- Com., for Use v. PerrySupreme Court of Pennsylvania · 1938
- Bates v. CullumSupreme Court of Pennsylvania · 1894
- Taylor v. RegerIndiana Court of Appeals · 1897
4 more not listed; retrieve them via the Exa API.