Ritter v. Henning
Superior Court of Pennsylvania
Appeal, No. 139, Oct. T., 1898, by defendant, from judgment of C. P. Berks Co., May T., 1898, No. 118, for want of a sufficient affidavit of defense. Opinion by Oblady, J. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc.
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Appeal, No. 139, Oct. T., 1898, by defendant, from judgment of C. P. Berks Co., May T., 1898, No. 118, for want of a sufficient affidavit of defense. Opinion by Oblady, J. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc. The facts sufficiently appear from the following per curiam opinion of the court below making absolute rule for judgment: Defendant held a judgment, No. 61, April term, 1892, J. D., against the Berks County Agricultural and Horticultural Society. On July 27,1892, he assigned this judgment to plaintiffs’ decedent, at the same time…
1Opinion of the Court
Opotion by
Oblady, J.,
The judgment which John Henning assigned to Ferdinand S. Ritter and the promissory note which Henning gave when he received the $840 from Ritter were concurrent and collateral securities for the same debt. The indorsements on the note showing that it was given to secure the payment of the judgment, did not change the relation of debtor and creditor. The original transaction contains no contract of suretyship or guaranty and the fact that the note accompanied the assignment of the judgment meant no more than an additional security for the money at that time paid by Ritter,…
2Cases cited3 opinions
- Hartranft's EstateSupreme Court of Pennsylvania · 1893
- Ayres v. WattsonSupreme Court of Pennsylvania · 1868
- Caven v. HarshSupreme Court of Pennsylvania · 1898
3Cited by4 opinions
- First Nat'l. Bk., to Use v. Getty, Exrx.Superior Court of Pennsylvania · 1935
- Monnoyer v. GaffneySuperior Court of Pennsylvania · 1972
- Westport National Bank v. Karsnak, Pennsylvania Court of Common Pleas, Westmoreland County1973
- Monnoyer v. GaffneySuperior Court of Pennsylvania · 1972