McCormick v. T. W. Phillips Manufacturing Co.

Citations

• 47 Pa. Super. 575
• 1911 Pa. Super. LEXIS 206

Syllabus

<p>Judgment — Satisfaction—Tender—Costs.</p> <p>Where the wife of one of the defendants in a judgment pays off the judgment, and takes an assignment of the same from the attorney of the plaintiff, and thereafter the plaintiff inadvertently satisfies the judgment, the assignee of the judgment cahnot maintain an action against the plaintiff for the amount of the judgment without tendering a reassignment thereof. If she starts a suit and thereafter tenders a' reassignment, which is at once accepted and all due on the judgment paid to her, she cannot recover the costs of the suit which she started without a tender.</p>