Paxson v. Nields
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS OF NORTHUMBERLAND COUNTY. No. 22 July Term 1890, Sup. Ct.; court below, No. 862 September Term 1886, C. P. On August 21, 1886, Moses Paxson and others, doing business as Paxson, Comfort & Co., brought assumpsit against Mrs. C. V. Nields. Issue.
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APPEAL BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS OF NORTHUMBERLAND COUNTY. No. 22 July Term 1890, Sup. Ct.; court below, No. 862 September Term 1886, C. P. On August 21, 1886, Moses Paxson and others, doing business as Paxson, Comfort & Co., brought assumpsit against Mrs. C. V. Nields. Issue. At the trial oil October 17, 1889, the plaintiffs put in evidence a note, not under seal, made by C. V. Nields, the defendant, to the order of Paxson, Comfort & Co., dated February 7,1886, for $267.94, at ninety days, and rested. In defence, Mrs. Nields was called in her own behalf and testified that…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
We are unable to discover from the evidence any consideration for the note in suit. The maker of it is the widow and executrix of Theodore F. Nields, who, at his death, was indebted to the appellants, on two notes and a book account, in the sum of $307.52. The estate was insolvent, and after discharging the judgment liens was able to pay its general creditors but five per cent on their claims. On April 21, 1885, the appellants presented their claim to the auditor appointed to distribute the fund in the hands of the executrix, and seven days thereafter induced her…
2Cases cited2 opinions
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