Atkinson v. Harrison
Supreme Court of Pennsylvania
Appeal, No. 166, July T., 1892, by plaintiff, Henry T. Atkinson, from order of C. P. No. 1, Phila. Co., June T. 1891, No. 161, making absolute rule to show cause why judgment should not be marked satisfied of record. Rule to show cause why judgment should not be satisfied of record.
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Appeal, No. 166, July T., 1892, by plaintiff, Henry T. Atkinson, from order of C. P. No. 1, Phila. Co., June T. 1891, No. 161, making absolute rule to show cause why judgment should not be marked satisfied of record. Rule to show cause why judgment should not be satisfied of record. Defendant, in his affidavit for the rule, averred, “that on July 16, 1891, plaintiff obtained judgment against defendant in the sum of $2,584.04, said judgment being obtained upon a draft drawn by one John Streight, dated Dec. 10, 1890, in the sum of $2,544.60 and accepted by defendant. That plaintiff also…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
In the absence of any opinion by the learned court below, and even of a paper book by appellee, we are left in the dark as to the ground upon which the judgment was stricken off, but the order cannot be sustained.
Defendant’s affidavit did not pretend to set up actual payment of the judgment by himself, but that plaintiff had received the amount of his claim from another party primarily liable. From this state of facts satisfaction would ordinarily be inferred as a matter of law, but plaintiff in his affidavit, in opposition to the rule, set up a contract by…
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