Hoover v. Summerville

Citations

• 67 Pa. Super. 544
• 1917 Pa. Super. LEXIS 453

Syllabus

<p>Judgment — Opening judgment — Findings of fact — Trial by court without a jury.</p> <p>A judgment -in favor of the defendant on an issue framed to determine the validity of a judgment, and tried by the court without a jury, will be affirmed where it appears that the trial judge found from sufficient and competent evidence that the judgment had been entered on a judgment note, which had been paid in full prior to the date of the entry of the judgment.</p> <p>Payments — Appropriation of payments — Judgment — Claim in pais.</p> <p>A judgment is a higher grade of security than a claim existing only in pais, and in the absence of any direction by the parties, payments will be applied to the latter rather than to the former, in accordance with the general rule that preference will be given to unsecured over secured claims.</p>