Legal Opinion

Commonwealth ex rel. Vanderpool v. Terry

Superior Court of Pennsylvania

Decided October 9, 1899No. Appeal, No. 43PublishedCited by 3 opinions

Appeal, No. 43, Jan. T., 1899, by defendants, from judgment of C. P. Bradford Co., May T., 1891, No. 98, on verdict for plaintiff. Opinion by W. D. Porter, J. Assumpsit. Before Lynch, J., of the 11th judicial district* specially presiding.

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Appeal, No. 43, Jan. T., 1899, by defendants, from judgment of C. P. Bradford Co., May T., 1891, No. 98, on verdict for plaintiff. Opinion by W. D. Porter, J. Assumpsit. Before Lynch, J., of the 11th judicial district* specially presiding. It appears from the record that this case was before the Supreme Court on appeal from the order of the court below refusing a rule to open the judgment which had been assigned to A. B. Markham as collateral security for certain fees and expenses due and becoming due to him and James Wood of Towanda. The order of the court was reversed, and an issue was…

1Opinion of the Court

Opinion by

W. D. Porter, J.,

In September, 1888, Martin Yanderpool employed A. B. Markham as his attorney, and through the latter retained James Wood to conduct the legal proceedings which, on September 7, 1891, resulted in the judgment which is the subject of this litigation. On June 6, 1892, the plaintiff, Yanderpool, executed a paper purporting to assign the judgment to A. B. Markham, *551which instrument contained this provision, viz: “ He (Markham) to collect and account to me therefor after deducting his fees, expenses, the fees and expenses o£ James Wood, of Towanda, Pa., who has been…

2Cases cited4 opinions

  1. West Republic Mining Co. v. Jones & LaughlinsSupreme Court of Pennsylvania · 1885
  2. Minard v. BeansSupreme Court of Pennsylvania · 1870
  3. Gray v. Van AmringeSupreme Court of Pennsylvania · 1841
  4. Vanderpool ex rel. Markham v. VanderpoolSupreme Court of Pennsylvania · 1894

3Cited by3 opinions

  1. Thole v. MartinoSuperior Court of Pennsylvania · 1914
  2. McNelis v. EllwangerSuperior Court of Pennsylvania · 1919
  3. Stephens v. Hartley, Pennsylvania Court of Common Pleas, Susquehanna County1924

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