Fulton v. Hood
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. This was a judgment entered on the 14th August 1854, on a bond and warrant of attorney, in favour of Hood & Co. against Robert Fulton, Sr., in the sum of $20,000, with stay of execution until the 11th May 1864. At February Term 1857, on application of the defendant, this judgment was opened, and the defendant let into a defence. The pleas were non est factum; and payment, with leave, &c.
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Error to the Common Pleas of Westmoreland county. This was a judgment entered on the 14th August 1854, on a bond and warrant of attorney, in favour of Hood & Co. against Robert Fulton, Sr., in the sum of $20,000, with stay of execution until the 11th May 1864. At February Term 1857, on application of the defendant, this judgment was opened, and the defendant let into a defence. The pleas were non est factum; and payment, with leave, &c. The firm of A. Fulton & Brothers, composed of the sons of the defendant, had been engaged in business in Westmoreland county; and in 1854, had become…
1Opinion of the CourtStrong, J.
Twenty-one errors have been assigned to this record. Many of them, however, are but repetitions of others, *370clothed in a dress slightly different, but having the same body. Under the plea of non est factum, the defendant introduced evidence to show that an alteration had been made in the date of the bond after its execution and delivery. The instrument was twice dated; once at the end of the penal part, and again at the close of the warrant to enter judgment thereon. The scrivener who wrote it testified positively, that no alteration was made after its signature. On the other hand, the sons of…
2Cited by18 opinions
- Pacific Lumber Co. v. RoddSupreme Court of Pennsylvania · 1926
- Rothermel v. PhillipsSupreme Court of Pennsylvania · 1928
- Henry's EstateSupreme Court of Pennsylvania · 1923
- Miller v. PowersIndiana Supreme Court · 1889
- Fountain v. BighamSupreme Court of Pennsylvania · 1912
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