Davis ex rel. Purdy v. Huggins

Citations

• 179 Pa. 508
• 36 A. 318
• 1897 Pa. LEXIS 681

Syllabus

<p>Judgment — Evidence—Failure of consideration — Partnership.</p> <p>H. and D. were partners in a manufacturing establishment, owning the machinery in a building which they rented from D.’s wife. They dissolved partnership, H. buying out D.’s interest, giving him therefor a judgment note. On the same dayH. took a renewal lease from D.’s wife. Subsequently D. and his wife executed a mortgage of the real estate, which was subsequently foreclosed and the property sold. On an issue to determine the validity of the judgment entered upon the judgment note which H. had given D., it was proper to exclude evidence of the mortgage and its foreclosure for the purpose of showing that D.’s share of the fixtures had been conveyed away by the foreclosure proceedings, and that therefore there had been a failure of consideration for the judgment note.</p>