Croasdell v. Tallant
Supreme Court of Pennsylvania
Error to the Common Pleas of Crawford county: Of October and November Term 1876, No. 40. This was a proceeding upon a judgment entered by virtue of the warrant of attorney contained in the following note:— “$>832. Meadville, Pa., Dec. 6th 1873. Six months after date, for value received, we, or either of us, promise to pay to Miss Jane Tallant, or order, eight hundred and thirty-two dollars, with interest, money borrowed, and in case of default of payment at maturity, an…
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Error to the Common Pleas of Crawford county: Of October and November Term 1876, No. 40. This was a proceeding upon a judgment entered by virtue of the warrant of attorney contained in the following note:— “$>832. Meadville, Pa., Dec. 6th 1873. Six months after date, for value received, we, or either of us, promise to pay to Miss Jane Tallant, or order, eight hundred and thirty-two dollars, with interest, money borrowed, and in case of default of payment at maturity, an additional five per cent, for the attorney’s fees for collection of the same. And we empower any attorney of record in this…
1Opinion of the Court
The judgment of the Supreme Court was entered November 24th 1876,
2Per curiam
The warrant of attorney in this case was treated as joint by the plaintiff, and judgment entered against the two survivors. The obligation, however, was joint and several, and the warrant of attorney a part of it and a mere continuation of the instrument before the signatures. It would scarcely be a departure from its true intent to construe the warrant to be several as well as joint. But treating it as joint, as the plaintiff did, we are not disposed to follow the English case of Gee v. Lane, 15 East 592. The theory of…
3Cited by11 opinions
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