Harbaugh v. Butner

Citations

• 148 Pa. 273
• 23 A. 983
• 1892 Pa. LEXIS 969

Syllabus

<p>[Marked to be reported.]</p> <p>Opened judgment — Judgment note — Burden of proof.</p> <p>Where a judgment is opened without terms by agreement of the parties, the burden of proof is upon the plaintiff. The judgment having been opened amounts to nothing except for the purposes of lien, but a judgment note on which it was entered remains and stands as the plaintiff’s cause o£ action, and by putting it in evidence, plaintiff establishes a prima facie case and puts defendant to a defence.</p> <p>Ham v. Smith, 87 Pa. 63, distinguished.</p> <p>Consideration — Mutual fraud — Contract executed or executory.</p> <p>A judgment note given in order to defraud creditors of the maker, while void as to the creditors, is good between the parties to the note. The law holds them to the consequences' of their fraud, and will not lend its aid to either party to avoid them. It makes no difference whether the contract is executed or executory.</p>