Foy v. Pulling

Citations

• 63 Pa. Super. 552
• 1916 Pa. Super. LEXIS 211

Syllabus

<p>Equity — Subrogation—Secret equities — Doubtful case — Judgment — Promissory note.</p> <p>To entitle a party to subrogation his equity must be strong and his case clear; and no order for subrogation will be made in a doubtful case, and especially where such an order would be to the prejudice of lien creditors.</p> <p>Where a father and son execute a joint promissory note to a creditor of the son under an agreement between father and son, but not concurred in by the creditor, that the ,note was to be paid by the father in settlement of a claim for wages which the son had against him, and the note is subsequently paid by an execution against the father’s property under a judgment on the note, the son will not be entitled to subrogation as against the subsequent lien creditors of his father. An order of subrogation in such a case would be giving an unsecured claim preference over lien creditors.</p>