Penn Discount Corp. v. Sharp

Opinion by

Stadtfeld, J.,

This action in assumpsit was brought by the plaintiff, Penn Discount Corporation, against the three defendants, Sharp, Ottenberg and Walton. The plaintiff had a judgment in the amount of $1,493 against John J. Kerns and David L. Wagner. The defendant, Walton, also had a judgment against Kerns and Wagner, which was junior to the plaintiff’s judgment. An execution was issued on plaintiff’s judgment and levy made upon the goods of Kerns and Wagner which were advertised to be sold.

Plaintiff’s statement averred that the defendants, believing that the sale would not bring…