Harbaugh v. Butner
Supreme Court of Pennsylvania
Appeal, No. 190, July T., 1891, by defendant, Martha Butner, from judgment of C. P. Franklin Co., Feb. T., 1891, No. 52, on verdict for plaintiff, Linn Harbaugh, administrator of Charles Lightner, deceased. Defence to judgment entered on judgment note opened on petition by agreement. At the trial before Stewart, P. J., plaintiff offered in evidence defendant’s judgment note to his decedent, on which judgment had been entered, and rested.
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Appeal, No. 190, July T., 1891, by defendant, Martha Butner, from judgment of C. P. Franklin Co., Feb. T., 1891, No. 52, on verdict for plaintiff, Linn Harbaugh, administrator of Charles Lightner, deceased. Defence to judgment entered on judgment note opened on petition by agreement. At the trial before Stewart, P. J., plaintiff offered in evidence defendant’s judgment note to his decedent, on which judgment had been entered, and rested. Defendant then offered to prove that the judgment note was founded on no debt owed by defendant, but was given in exchange for another judgment note given by…
1Opinion of the Court
Opinion by
Mr. Chief Justice Paxson,
The judgment in this case was opened, by the agreement of the parties, without terms. Upon the trial below, the plaintiff offered in evidence the judgment note, and rested. The defendant then offered to prove that the judgment note in question was given in pursuance of an arrangement between the plaintiff and the defendant to cheat and defraud the creditors of the former. See first, second and third specifications of error. The rejection of this evidence presents the only question in the case.
It was contended on the part of the defendant that the judgment…
2Cases cited2 opinions
- Winton v. FreemanSupreme Court of Pennsylvania · 1883
- Ham v. SmithSupreme Court of Pennsylvania · 1878
3Cited by6 opinions
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- Binkley v. NoltSuperior Court of Pennsylvania · 1911
- Jones v. ShawSuperior Court of Pennsylvania · 1898
- Kauffeld's EstateSuperior Court of Pennsylvania · 1905
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