Peterson v. Lothrop
Supreme Court of Pennsylvania
Error to the District Court of Allegheny eounty. These were two actions of scire facias on judgments, one for ¡$4000, and the other for ¡$10,000, entered by confession, on the 14th July 1842, in favour of Sylvanus Lothrop “ for use,” against Lewis Peterson, Peter Peterson, and James T. Kincaid.
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Error to the District Court of Allegheny eounty. These were two actions of scire facias on judgments, one for ¡$4000, and the other for ¡$10,000, entered by confession, on the 14th July 1842, in favour of Sylvanus Lothrop “ for use,” against Lewis Peterson, Peter Peterson, and James T. Kincaid. The bond on which the first of these judgments was entered was conditioned for the payment, inter alia, of a note for f1400, held by the Firemen’s Insurance Office, made in favour of Hilary Brunot, and by him endorsed; and the other was conditioned for the payment, inter alia, of two notes for §100 and…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
These two eases present the same questions, and they are between the same parties. They will, therefore, be con-1 sidered together.
They were writs of scire facias upon judgments obtained» against the defendants below, now plaintiffs in error, by “ Sylvanus Lothrop for use.” They contained an averment that Hilary Brunot was cestui que use to a designated extent. The pleas of the defendants were “nul tiel record,” “payment,” and a denial of any interest in Hilary Brunot, or right in Lothrop to sue for his use. There was also a fifth plea,…
2Cases cited2 opinions
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- Lessee v. DunningSupreme Court of the United States · 1792
3Cited by10 opinions
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- O'Connor v. O'ConnorSupreme Court of Pennsylvania · 1927
- Hopkins v. StockdaleSupreme Court of Pennsylvania · 1887
- Isman v. NiedermanSuperior Court of Pennsylvania · 1920
- Greiner v. CommonwealthSupreme Court of Pennsylvania · 1939
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