Skinner v. Chase
Superior Court of Pennsylvania
Appeal, No. 123, Oct. T., 1897, by plaintiff, from order of C. P. No. 2, Phila. Co., June T., 1895*. No. 52, making absolute rule to set off judgment held by defendant against plaintiff. Rule to set off judgment held by defendant against plaintiff against a judgment held by plaintiff against defendant. The' rule was made absolute by the court below. Plaintiff appealed. The facts sufficiently appear in the opinion of the court.
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Appeal, No. 123, Oct. T., 1897, by plaintiff, from order of C. P. No. 2, Phila. Co., June T., 1895*. No. 52, making absolute rule to set off judgment held by defendant against plaintiff. Rule to set off judgment held by defendant against plaintiff against a judgment held by plaintiff against defendant. The' rule was made absolute by the court below. Plaintiff appealed. The facts sufficiently appear in the opinion of the court. Error assigned was making absolute the rule of defendant permitting him to set off judgment which he obtained' by purchase seven months after the plaintiff had assigned…
1Opinion of the Court
Opinion by
Rice, P. J.,
On May 9, 1895, Frank Skinner sued George Chase, and on December 6, 1895, obtained judgment for want of an appearance.
On December 9, 1895, Chase applied to have the judgment opened. His application was granted, and on April 8, 1897, the plaintiff obtained a verdict for 1223.97, upon which judgment was entered on April 13th.
*281On the following day (April 14th) Chase was granted a rule to show cause why a judgment entered in common pleas No. 1 in favor of Thomas Kennedy against Frank Skinner, and assigned by Kennedy to Chase on December 11th, should not be set off against the…
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