Bachdell's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Venango county, distributing the proceeds of sale of Joseph Bachdell’s estate: No. 126, to October and November Term 1867. A number of judgments had been entered against Joseph Bach-dell ; amongst others, one No. 483, of April Term 1866, in favor of John P. Byers and Robert Crawford, entered July 16th 1866, for “ $5460, of which $260 are attorney’s commission.”
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Appeal from the decree of the Court of Common Pleas of Venango county, distributing the proceeds of sale of Joseph Bachdell’s estate: No. 126, to October and November Term 1867. A number of judgments had been entered against Joseph Bach-dell ; amongst others, one No. 483, of April Term 1866, in favor of John P. Byers and Robert Crawford, entered July 16th 1866, for “ $5460, of which $260 are attorney’s commission.” This judgment was on a single bill dated July 14th 1866, payable in three years, for $5200,”and 5 per cent, commission,” with warrant of attorney to confess judgment; the judgment…
1Opinion of the Court
The opinion of the court was delivered, November 21st 1867, by
Thompson, J.
The court below erred in their allowance of interest to the appellees in this case. No more could be allowed than interest up to the day of sale. This is the uniform practice.
If authorities were needed for this, those cited in the appellant’s paper-book, Ramsey’s Appeal, 4 Watts 72, and Walton v. West, 4 Whart. 222, are sufficient. The excess of interest allowed after the sale and up to the maturity of the defendant’s obligation or single bill, must be deducted, and with this exception, we think the principles of the…
2Cited by5 opinions
- Roos v. Silk Mills (B. Co. Tr. Co.)Supreme Court of Pennsylvania · 1941
- In re HershbergerDistrict Court, M.D. Pennsylvania · 1913
- Spinks v. JordanMississippi Supreme Court · 1914
- Courshon v. Milesburg Inn, Pennsylvania Court of Common Pleas, Centre County1977
- Riffle v. HusteadCourt of Appeals for the Third Circuit · 1925