Heimgartner v. Stewart

Citations

• 180 Pa. 500
• 37 A. 93
• 1897 Pa. LEXIS 951

Syllabus

<p>Judgment— Opening judgment — Evidence.</p> <p>On a ruleto open a judgment entered upon abond accompanying amortgage to secure a loan, it appeared that the defendant was a retail liquor dealer who needed money to carry on his business, and plaintiff was a brewer who wanted to sell his beer. Defendant alleged that he had agreed to buy the plaintiff’s beer if it should be satisfactory and acceptable to his customers, but he averred that it was not satisfactory to them, and that in consequence he was materially injured in his business. The defendant also alleged that it was understood that he was to give the mortgage as security for the loan, and that he did not know that he had given the bond until sometime after the judgment was entered upon it. These allegations were specifically denied by the plaintiff, and were not supported by any other evidence than that of the defendant. Meld, that no ground was shown for opening the judgment.</p> <p>Plaintiff entered judgment upon a bond given by the defendant to secure a loan. On a rule to open the judgment, defendant and two witnesses testified that the plaintiff had agreed to allow the defendant a credit of $1.00 on the loan for each barrel of beer purchased by him from plaintiff; that defendant purchased beer, and that under this agreement lie was entitled to a credit on the judgment of an amount specified. Plaintiff denied the existence of such an agreement, but his testimony was not corroborated by a single witness. Held, that the judgment should be open so as to permit the defendant to present to a jury his defense founded upon the alleged agreement for a credit on the loan.</p>