Allen v. Gregg ex rel. McCandless

Citations

• 1 Monag. 257
• 16 A. 46
• 1888 Pa. LEXIS 753

Syllabus

<p>Gregg recovered a judgment on a sci. fa. sur mortgage against Allen for $24,440. Allen retained McCandless and Eckley, as his attorneys, to procure an order opening the judgment and letting him into a defense, agreeing to pay them one-half of the amount that the mortgage and judgment thereon should be reduced. By proceedings in the court below, an order was obtained opening the judgment, and reducing it to $19,086.67. The supreme court, holding that the case should have been submitted to a jury, reversed the order as to reduction and awarded a procedendo. When the case was reached for trial, Gregg and Allen agreed in writing that judgment should be entered against Allen for $30,000, $3,000 of which was to be assigned to “ McCandless, attorney for defendant, this to be in consideration of the waiver of defenses by defendant;” the land to be sold at sheriff’s sale and to be purchased by Gregg and by him to be sold to Allen’s sons, the defendants. Judgment was taken and the $3,000 assigned to McCandless, “ pursuant to settlement;” the premises were purchased by Gregg and a portion thereof sold to Allen’s sons, and, in consideration of the reduced price at which they purchased the property, they agreed in writing to indemnify Gregg against the payment of the $3,000. Subsequently Allen, claiming that the $3,000 was for his use, assigned it to his sons, the defendants; McCandless, having obtained an assignment from Eckley of his interest in the $3,000, recovered judgment in another county against Gregg, by default, for $2,173.86. Gregg paid $1,250 and assigned the contract of indemnity to McCandless; McCandless satisfied the judgment and brought suit upon the contract of indemnity. At the trial, the court below refused to permit the defendants to give evidence that the judgment of Gregg against Allen had not been reduced; that the $3,000 was for the use of their father, and by him assigned to them; and that they had no notice- of the suit upon which the judgment by def