Walker v. Simpson
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Bucks county. This was a scire facias issued by John Walker against Robert Simpson on a mortgage for $2000, dated April 1st 1839, and payable on the 1st April 1840. The dispute was as to certain credits of interest endorsed on the bond accompanying the mortgage. One of these endorsements was a receipt for $60 dated April 1st 1841, the other a receipt for $60 dated April 19th 1841, both signed by Beulah Walker, wife of the plaintiff.
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ERROR to the Common Pleas of Bucks county. This was a scire facias issued by John Walker against Robert Simpson on a mortgage for $2000, dated April 1st 1839, and payable on the 1st April 1840. The dispute was as to certain credits of interest endorsed on the bond accompanying the mortgage. One of these endorsements was a receipt for $60 dated April 1st 1841, the other a receipt for $60 dated April 19th 1841, both signed by Beulah Walker, wife of the plaintiff. The plaintiff denied the defendant’s right to make these payments to his wife. The defendant having given in evidence the bond,…
1Opinion of the Court
*87The opinion of the Court was delivered by
Kennedy, J.
The errors assigned in this case present two questions for consideration. First, was any evidence given on the trial of the cause in the court below, tending to prove that the wife of the plaintiff was authorized by him to receive the interest paid to her by the defendant on the bond in suit ? Secondly, if not, was the defendant justifiable in paying the same to her under the particular circumstances which seem from the evidence to have existed at the time ? With a strong desire to answer the first question in the affirmative, I have scanned…
2Cited by12 opinions
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- Skinner v. TirrellMassachusetts Supreme Judicial Court · 1893
- Monahan v. AumanSuperior Court of Pennsylvania · 1909
- Allen v. RiederSuperior Court of Pennsylvania · 1910
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