Curry v. Morrison

Citations

• 40 Pa. Super. 301
• 1909 Pa. Super. LEXIS 610

Syllabus

<p>Contract — Illegal contract — Promissory note — Consideration—Surety— Judgment note.</p> <p>1. Where one of two partners in the business of conducting a licensed hotel, sells his interest to his copartner in whose name the license had been taken out, and takes a judgment note of his copartner with a surety in payment therefor, the surety cannot claim exemption of liability on the note because of an illegal combination between the partners in obtaining a license.</p> <p>Judgment — Revival—Scire facias to revive — Defense—Partners.</p> <p>2. On a scire facias to revive a judgment entered on a judgment note, a set-off cannot be set up which involves an inquiry into an alleged partnership between the parties to the note upon which the judgment was entered.</p> <p>3. The only defense in the trial of a scire facias on a judgment is a denial of the existence of the judgment, or proof of the subsequent satisfaction for the discharge thereof. Under no circumstances can the merits of the original judgment be inquired into.</p>