Charles Rettig & Son v. Becker

Citations

• 11 Pa. Super. 395
• 1899 Pa. Super. LEXIS 147

Syllabus

<p>Equitable estoppel — Fraudulent representations.</p> <p>The doctrine of equitable estoppel is applicable when a person (C) holding a judgment- bond against another (M) represents her as the owner of real estate free of debt and incumbrance and sends the creditor to that other (M) for confirmation in order that credit may be extended on the security of the other (M) against whom the antecedent judgment is entered up (by C) to the prejudice of plaintiff’s surety bond.</p> <p>Assignment of judgment under seal — Fraud—Burden of proof as to consideration.</p> <p>While in the absence of evidence to the contrary an assignment of a judgment under seal imports consideration and entitles a bona fide assignee to the protection afforded by the rule under such circumstances, any evidence which impeaches the bona fides of the transaction will put the assignee to full proof of consideration.</p> <p>Estoppel — Assignment of judgment— Consideration — Fraud—Burden of proof.</p> <p>C represented M as an owner of real estate free from debt; the statement was confirmed by M and plaintiff accepted M as security for credit to be extended to C’s mother. C entered up a judgment bond antedating the transaction of the plaintiff. Plaintiff entered up also his judgment bond. C assigned his judgment to a building association. Plaintiff and C’s assignee claimed the fund resulting from a sheriff’s sale under C’s judgment'. Plaintiff alleged fraud on part of C. No proof was submitted of any consideration passing from C’s assignee. Held, that C being es-topped and her assignee being in position of a volunteer the fund should be awarded to plaintiff on his execution.</p>