Baker v. Exchange Bank
Supreme Court of Pennsylvania
ERROR to tbe Court of Common Pleas of Huntingdon county. This was an action of assumpsit by the Exchange Bank of Pittsburgh v. Elias Baker, as endorser of a note of which Peter Hewitt was drawer, dated September 15, 1843, for $2200, payable to the order of the endorsers ninety days after date.
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ERROR to tbe Court of Common Pleas of Huntingdon county. This was an action of assumpsit by the Exchange Bank of Pittsburgh v. Elias Baker, as endorser of a note of which Peter Hewitt was drawer, dated September 15, 1843, for $2200, payable to the order of the endorsers ninety days after date. On 16th December, 1853, before the note fell due, at the instance of the drawer and endorsers, judgment by confession was entered against the drawer for $2200, the amount of the note, with interest from 17th December, 1853. On 10th April, 1844, the real estate of the drawer was sold at sheriff’s sale.…
1Opinion of the Court
The opinion of the Court was delivered, May 24, by
Loweie, J.
It is very plain that the rule which suspends the interest on a judgment, from the day when land is sold on an execution issued under it, does not always do that justice to plaintiffs which they have reason to expect; and we see no reason for extending the influence of the rule by way of analogy. It does not prevent the holder of á note from recovering from the endorser the true balance on the note, calculated according to the date of the actual payments, though some of those payments have been obtained after the ordinary delays…
2Cited by1 opinion
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