Cooper v. Shaver
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county: Of July Term 1882, No. 82. Judgment was entered in favor of Ezra Cooper against Clark Shaver, for $225, by virtue of an instrument of writing endorsed upon a certified abstract from the record of a certain other judgment theretofore obtained by one Orrin Conner against H. Conner.
Read the full summary
Error to the Court of Common Pleas of Crawford county: Of July Term 1882, No. 82. Judgment was entered in favor of Ezra Cooper against Clark Shaver, for $225, by virtue of an instrument of writing endorsed upon a certified abstract from the record of a certain other judgment theretofore obtained by one Orrin Conner against H. Conner. Said “ abstract ” or exemplification of record, was upon a printed form, in common use, and therein was stated, inter alia, the court, the term and number of the judgment, the names of the parties, the amount of the judgment ($225), amount of costs, date when…
1Opinion of the CourtJustice Trunkey
It has not been pretended that title to the judgment setforth in the abstract is not vested in Cooper. But the conclusion that he has such title is reached only by reading the abstract with the assignment. Standing alone the assignment would be void for uncertainty; being endorsed upon the abstract both are taken to evidence the transfer. Shaver’s guaranty is also so endorsed and the abstract, assignment and guaranty together, as if one instrument, evidence his contract. The judgment is particularly described and so is the court where it is entered; the real debt, date of interest, and…
2Cited by17 opinions
- Noonan, Inc. v. HoffSupreme Court of Pennsylvania · 1944
- Roche v. RankinSupreme Court of Pennsylvania · 1962
- Noonan, Inc. v. HoffSupreme Court of Pennsylvania · 1944
- Aiken, to Use v. MayberrySuperior Court of Pennsylvania · 1937
- Fritz v. HortenSupreme Court of Pennsylvania · 1914
12 more not listed; retrieve them via the Exa API.