Sommer v. Gilmore
Supreme Court of Pennsylvania
Appeal, No. 26, July T., 1893, by plaintiff, Andrew Sommer to use of Mary F. Lathrop, admrx. of John Lathrop, deceased, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1870, No. 1919, on verdict for William J. Gilmore, garnishee of Ransom Rogers. Attachment execution. At the trial, before Arnold, J., it appeared that, in J une, 1875, judgment was entered against William J. Gilmore and in favor of Ransom Rogers for $5,381.21 on a judgment note.
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Appeal, No. 26, July T., 1893, by plaintiff, Andrew Sommer to use of Mary F. Lathrop, admrx. of John Lathrop, deceased, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1870, No. 1919, on verdict for William J. Gilmore, garnishee of Ransom Rogers. Attachment execution. At the trial, before Arnold, J., it appeared that, in J une, 1875, judgment was entered against William J. Gilmore and in favor of Ransom Rogers for $5,381.21 on a judgment note. In 1888 a rule to open the judgment was made absolute, and on a trial of the issue in C. P. No. 2, a judgment was entered in favor of defendant,…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
This case grows out of the same transactions, and raises the same questions as Palmer v. Gilmore, 148 Pa. 48, and the evidence offered on the part of plaintiff was admissible for the reasons there given. The defence, or one of the defences of Gilmore to the note given by him to Rogers was that it never represented a real debt. The letter of Rogers to Taylor and the offer of the testimony of Mrs. Palmer tended to prove the contrary, and ground having been laid for the claim of fraudulent combination between Gilmore and Rogers to deprive plaintiff of the benefit…
2Cases cited1 opinion
- Palmer v. GilmoreSupreme Court of Pennsylvania · 1892
3Cited by4 opinions
- Parish of St. Landry ex rel. Fontenot v. StoutSupreme Court of Louisiana · 1880
- United States v. SchenckDistrict Court, E.D. Pennsylvania · 1918
- Schomacker Piano Forte Manufacturing Co. v. Yankee Dauntless ClubSuperior Court of Pennsylvania · 1906
- State v. HeuchertSupreme Court of Louisiana · 1890