Evans's Administrator v. Clover
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Clarion county. This was an alias scire facias■ on a judgment obtained by the plaintiff’s intestate, in his lifetime, against defendant, for $1088.33. The intestate, Charles Evans, and defendant, Levi G. Clover, were at one time partners in the mercantile business, in the borough of Brookville, Jefferson county, Pennsylvania, and the partnership was carried on under the name and firm of Evans & Clover.
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Error to the Court of Common Pleas of Clarion county. This was an alias scire facias■ on a judgment obtained by the plaintiff’s intestate, in his lifetime, against defendant, for $1088.33. The intestate, Charles Evans, and defendant, Levi G. Clover, were at one time partners in the mercantile business, in the borough of Brookville, Jefferson county, Pennsylvania, and the partnership was carried on under the name and firm of Evans & Clover. This partnership was dissolved by the defendant buying out. the intestate, Charles Evans, and undertaking to pay the partnership debts. The defendant…
1Opinion of the Court
The opinion of the court was delivered
by Woodward, J.
— Evans and Clover were at one time partners.
' They dissolved. Clover bought out Evans, gave him three judgment notes for $1088.33 each, and agreed to pay the partnership debts.
At the same time, Clover assigned to Evans certain debts due to himself individually, and Evans bound himself to collect them and apply the money in satisfaction of certain specified debts of the firm.
The judgment notes were entered on record and this was a scire facias to revive one of the judgments. The plea was payment. The assignments of error are four in number,…
2Cited by5 opinions
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- Haviland v. Fidelity Insurance, Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1885
- Donosa v. UeltzenSuperior Court of Pennsylvania · 1929
- Hix v. Womelsdorf Bank & Trust Co., Pennsylvania Court of Common Pleas, Berks County1943
- Raymond v. CostallasSupreme Court of Pennsylvania · 1950