Duffield ex. rel Jackson v. Cooper
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Venango county: Of October and November Term 1878, No. 253. This was a rule to show cause why a judgment entered on an exemplified record, wherein John Duffield was plaintiff and William A. Cooper and J. O. Jackson were defendants, should not be stricken off and execution set aside.
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Error to the Court of Common Pleas of Venango county: Of October and November Term 1878, No. 253. This was a rule to show cause why a judgment entered on an exemplified record, wherein John Duffield was plaintiff and William A. Cooper and J. O. Jackson were defendants, should not be stricken off and execution set aside. Cooper and Jackson executed a note in the following form: “ $1250. Franklin, Pa., February 3d 1877. Six months after date we promise to pay to the order of John Duffield twelve hundred and fifty dollars for value received, with interest, payable at the Exchange Bank, Franklin,…
1Opinion of the CourtJustice Mercuii
*446Cooper and Jackson made their joint note to Duffield, with warrant of attorney to confess judgment. Although not shown on the face of the note, yet in fact, Jackson signed as surety for Cooper. Judgment was entered on the note and execution issued. Jackson paid the debt, interest and costs to the plaintiff’s attorney, and on the back of the execution took from him an assignment of the judgment. As the attorney is not shown to have been authorized to make the assignment, and it does not appear that his act therein was ratified, the invalidity of the assignment may be conceded. The fact,…
2Cited by6 opinions
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- Geraci v. LernerPennylvania Municipal Court, Philadelphia County · 1932
- Hill v. DennistonSupreme Court of Pennsylvania · 1900
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