Hendrick v. Thomas
Supreme Court of Pennsylvania
Error to the Court of Common. Pleas of Luzerne county: Of January Term, 1884, No. 412. This was a feigned issue to test the validity of a judgment opened by the court, wherein E. E. Thomas, the judgment creditor, was plaintiff and E. E. Hendrick, the judgment debtor, was defendant. By agreement of counsel, the judgment was to stand for a declaration, with plea of payment with leave. &c.
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Error to the Court of Common. Pleas of Luzerne county: Of January Term, 1884, No. 412. This was a feigned issue to test the validity of a judgment opened by the court, wherein E. E. Thomas, the judgment creditor, was plaintiff and E. E. Hendrick, the judgment debtor, was defendant. By agreement of counsel, the judgment was to stand for a declaration, with plea of payment with leave. &c. The opinion of this court contains a statement of the facts as they appeared on the trial, before Woodward, J.; the following is a brief résumé: On July 31, 1873. on the purchase by Hendrick of the interest of…
1Opinion of the CourtJustice Trunkey
In 1872 Hendrick and Thomas purchased a tract of land formerly owned by Hollenback, and engaged in the business of mining coal. On July 31, 1873, Thomas sold his interest to Hendrick, for ten thousand dollars, for which Hendrick gave his bond with warrant of attorney to confess judgment, conditioned that neither the obligation nor the judgment entered thereon should be collected from any other property of said *331Hendrick than that purchased of the Hollenback estate by the firm of Hendrick and Thomas. Judgment was entered upon the bond, and after four thousand dollars had been paid, it was…
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