Legal Opinion

Merchants' & Manufacturers' National Bank v. Tinker

Supreme Court of Pennsylvania

Decided October 30, 1893No. Appeal, No. 162PublishedCited by 2 opinions

Appeal, No. 162, Oct. T., 1892, by plaintiffs, from judgment of C. P. Venango Co., Nov. T., 1888, No. 76, on verdict for defendants, H. G. Tinker and J. A. Ritchey. Trespass for conspiracy. At the trial, before Archbald, P. J., of the 45th judicial district, specially presiding, plaintiff offered in evidence a record of fourteen judgments all entered on Oct. 17, 1887, on judgment notes signed by H. G. Tinker in favor of J. A. Ritchey.

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Appeal, No. 162, Oct. T., 1892, by plaintiffs, from judgment of C. P. Venango Co., Nov. T., 1888, No. 76, on verdict for defendants, H. G. Tinker and J. A. Ritchey. Trespass for conspiracy. At the trial, before Archbald, P. J., of the 45th judicial district, specially presiding, plaintiff offered in evidence a record of fourteen judgments all entered on Oct. 17, 1887, on judgment notes signed by H. G. Tinker in favor of J. A. Ritchey. The notes were of various amounts, and bore different dates from July 31, 1880, to Sept. 17, 1887. At the time the judgments were entered Tinker was a debtor of…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

The plaintiff was a creditor of Tinker, having discounted his paper for over six thousand dollars. Before this paper had all matured, Ritchey, who held the notes of Tinker for a much larger amount, caused judgments to be entered against him and executions to be issued, on which his property, real and personal, was sold; and the proceeds were wholly absorbed by prior liens and Ritchey’s judgments. The bank alleged that these judgments were fraudulently confessed, and that its debtor’s property had been placed beyond its reach by a conspiracy between the…

2Cases cited2 opinions

  1. Lowe v. DalrympleSupreme Court of Pennsylvania · 1888
  2. Allegheny Heating Co. v. RohanSupreme Court of Pennsylvania · 1888

3Cited by2 opinions

  1. Ballantine v. CummingsSupreme Court of Pennsylvania · 1908
  2. Reilly v. Ernst & Young LLP, Pennsylvania Court of Common Pleas, Butler County2003

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