Gump v. Goodwin

Citations

• 172 Pa. 276
• 33 A. 686
• 1896 Pa. LEXIS 770

Syllabus

<p>Judgment — Opening judgment — Appeals—Practice, O. P.</p> <p>The court of common pleas in discharging a rule to open a judgment should always file an opinion setting forth at least briefly its findings of fact, and the grounds of its decision. The Supreme Corn-t are notin a position to properly weigh the testimony, or consider its credibility with the same discrimination as the court below, and should therefore have the benefit of such an opinion to guide them in determining whether, in disposing of the case, there was such abuse of discretion in the court below as called for interference.</p> <p>Judgment— Opening judgment — Evidence.</p> <p>The court will not open a judgment entered upon a warrant of attorney contained in a bond properly executed by the defendants, upon the evidence of defendants that the bond and the mortgage accompanj-ing it contained matters not provided for in the original agreement between the parties,'and that defendants signed the bond without reading it, relying upon the statement of plaintiff’s attorney that it conformed to the agreement between himself and plaintiff.</p> <p>Assignment of claim — Set-off.</p> <p>An assignment of a claim which the assignee intends to use as a set-off, if made with the express agreement that the claim should be reassigned if the set-off is not allowed, is not a sufficient transfer of ownership to enable the assignee to use the claim as a set-off.</p>