Commonwealth v. Cruikshank

Citations

• 251 Pa. 390
• 96 A. 825
• 1916 Pa. LEXIS 476

Syllabus

<p>Contracts — Official bond — Prothonotary—Failure to enter judgment — Lienable interest in land — Evidence—Written contract.</p> <p>In an action on tbe official bond of a prothonotary to recover damages for alleged loss resulting from the failure of the prothonotary properly to index a judgment, the case is for the jury and a verdict for the defendants will be sustained where it appeared that the plaintiff’s right to recover depended upon the question whether the defendant in the judgment had any lienable, equitable interest in a certain property to which the judgment could attach, and such interest was alleged to spring from a written contract between the defendant in the judgment and a third party, which contract plaintiff failed to produce, or to account for its loss, so that evidence aliunde of its contents could properly be considered.</p>