Legal Opinion

Fisher v. Holbrook

Superior Court of Pennsylvania

Decided July 29, 1898No. Appeal, No. 206PublishedCited by 1 opinion

Appeal, No. 206, April T., 1898, by defendants, from order of C. P. Crawford Co., Nov. T., 1896, No. 408, discharging rule to open judgment. Rule to open judgment and let defendants into a defense. It is alleged in the petition that defendants being in financial difficulties were aided by one Clark who took possession of certain property under a bill of sale, leaving other property covered by the said bill of sale in defendants’ possession.

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Appeal, No. 206, April T., 1898, by defendants, from order of C. P. Crawford Co., Nov. T., 1896, No. 408, discharging rule to open judgment. Rule to open judgment and let defendants into a defense. It is alleged in the petition that defendants being in financial difficulties were aided by one Clark who took possession of certain property under a bill of sale, leaving other property covered by the said bill of sale in defendants’ possession. Subsequently plaintiff was interested in their behalf and assumed Clark’s position paying him some $725 and receiving the goods held in pledge. At the…

1Opinion of the Court

Opinion by

Orlady, J.,

The petition to open the judgment in this case avers sufficient material facts to justify the court in submitting the defense to a jury.

The answer filed by the plaintiff and the testimony taken develop a state of facts which is difficult of solution. The transaction in which the note was given was of so doubtful a character, and the evidence of the plaintiff taken under the rule to open the judgment is so at variance with the contention in his answer, that to our minds the weight of the evidence as presented is with the defendant.

It is hard to understand why the plaintiff…

2Cases cited3 opinions

  1. Bank v. FulmorSupreme Court of Pennsylvania · 1889
  2. Stockwell v. WebsterSupreme Court of Pennsylvania · 1894
  3. Crawford ex rel. Watson v. RathSuperior Court of Pennsylvania · 1897

3Cited by1 opinion

  1. Ellis v. AmblerSuperior Court of Pennsylvania · 1899

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