Jenkins v. Davis
Supreme Court of Pennsylvania
APPEAL BY EOX, MOORE & CO. EROM THE COURT OE COMMON PLEAS OE MONTGOMERY COUNTY. January Term 1890, Sup. Ct.; court below, No. 12 June Term 1886, E. D., C. P. On March 17,1886, judgment was entered in the court below, in favor of J. P. Hale Jenkins, trustee, etc., upon the following instrument: $1,500.00 March 17, 1886. On demand, I promise to pay to J. P. Hale Jenkins, trustee for my creditors, or order, the sum of fifteen hundred dollars, without defalcation, for value…
Read the full summary
APPEAL BY EOX, MOORE & CO. EROM THE COURT OE COMMON PLEAS OE MONTGOMERY COUNTY. January Term 1890, Sup. Ct.; court below, No. 12 June Term 1886, E. D., C. P. On March 17,1886, judgment was entered in the court below, in favor of J. P. Hale Jenkins, trustee, etc., upon the following instrument: $1,500.00 March 17, 1886. On demand, I promise to pay to J. P. Hale Jenkins, trustee for my creditors, or order, the sum of fifteen hundred dollars, without defalcation, for value received. And I hereby confess judgment in favor of said Jenkins, trustee, for the above named sum, hereby releasing all…
1Opinion of the Court
Opinion,
Mu. Justice Clark:
It is conceded that on March 17, 1886, when David Davis executed the judgment bond of one thousand five hundred dollars to J. P. Hale Jenkins, trustee for his creditors, he was indebted to Joseph Davis, his father, in the sum of three hundred dollars; that there was a mortgage of six thousand dollars on the store property at Merion Square, and one of three thousand five hundred dollars on the nine acres; and that he had “ business creditors ” to the amount of about one thousand five hundred dollars. According to the terms of the obligation as written, Jenkins held it…
2Cited by2 opinions
- Knight's EstateSuperior Court of Pennsylvania · 1902
- Kahn v. Gerth's Realty ExpressLouisiana Court of Appeal · 1922