Carman v. Franklin Fire Ins.
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia, in which suit was brought by the Franklin Fire Insurance Company of Philadelphia against William Carman, on the following note: $2800 January 26th 1841. On demand I promise to pay to the order of Franklin Fire Insurance Company of Philadelphia, two thousand eight hundred dollars, without defalcation, for value received, with interest. r, William Carman.
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ERROR to the District Court for the city and county of Philadelphia, in which suit was brought by the Franklin Fire Insurance Company of Philadelphia against William Carman, on the following note: $2800 January 26th 1841. On demand I promise to pay to the order of Franklin Fire Insurance Company of Philadelphia, two thousand eight hundred dollars, without defalcation, for value received, with interest. r, William Carman. The defendant filed the following affidavit of defence: “ William Carman, the above defendant, being duly affirmed, saith, that there is a defence to the plaintiff’s claim in…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
The Insurance Company brought suit on a note given by Carman to them for #2800. The suit was between the payer and the payee. The Act of 28th March 1835 has declared, in the 2d section, that in all actions instituted in said court on bills, notes, bonds or other instruments of writing for the payment of money, &c. it shall be lawful for the plaintiff, on or at any time after the third Saturday succeeding the return day, on motion, to enter a judgment by default, notwithstanding an appearance by attorney, unless the defendant shall previously…
2Cases cited2 opinions
- Nickle v. BaldwinSupreme Court of Pennsylvania · 1842
- Steigleman v. JeffriesSupreme Court of Pennsylvania · 1815
3Cited by4 opinions
- Dushane v. BenedictSupreme Court of the United States · 1887
- Hunt v. GilmoreSupreme Court of Pennsylvania · 1868
- Fessler v. Love & PowellSupreme Court of Pennsylvania · 1862
- E. Keeler Co. v. Sanitary Family Washing Co., Pennsylvania Court of Common Pleas, Dauphin County1947