Peirce v. Black
Supreme Court of Pennsylvania
Erbqr to the Court of Common Pleas of Chester county: Of July Term, 1882, No. 265. Feigned issue, to determine what amount, if anything, was due upon a certain judgment entered by confession June 28, 1878, in favor of Joshua N. Peirce against Stephen C. Black, on single bill and warrant of attorney, for $200. The plaintiff issued a fi. fa. on the judgment in March, 1882, and the court, on. motion of defendant, awarded this issue, in which said Peirce was plaintiff, and said…
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Erbqr to the Court of Common Pleas of Chester county: Of July Term, 1882, No. 265. Feigned issue, to determine what amount, if anything, was due upon a certain judgment entered by confession June 28, 1878, in favor of Joshua N. Peirce against Stephen C. Black, on single bill and warrant of attorney, for $200. The plaintiff issued a fi. fa. on the judgment in March, 1882, and the court, on. motion of defendant, awarded this issue, in which said Peirce was plaintiff, and said Black was defendant.. On the trial before Futhey, P. J., the plaintiff put in evidence the record of the judgment and…
1Opinion of the CourtJustice Paxson
We are of opinion that the evidence rejected by the court below should have been admitted. The object of it was to show that at the time the defendant paid the judgment he requested the plaintiff not to satisfy it; that he wanted to borrow more money on it, and that it would save expense if satisfaction were not entered ; that the plaintiff assented to this and handed the prothonotary’s certificate of the entry of the judgment to the defendant, who kept it about six months, then returned it to the plaintiff, and obtained another loan of $200 from him upon the security of the same judgment.
It…
2Cases cited2 opinions
- Craft ex rel. Powell v. WebsterSupreme Court of Pennsylvania · 1833
- Mode's AppealSupreme Court of Pennsylvania · 1843
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- Tesauro, for Use v. CalitriSuperior Court of Pennsylvania · 1943
- Fair & Square Building & Loan Ass'n v. Presbyterian Board of PublicationSupreme Court of Pennsylvania · 1931
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