Montague v. Read

Citations

• 126 Pa. 415
• 17 A. 621
• 1889 Pa. LEXIS 890

Syllabus

<p>1. Whether, if the satisfying of an old judgment which included usurious interest and the confession of a, new one in settlement thereof, be simultaneous or nearly so, the court may consider the transaction a mere device fraudulently to conclude tiie debtor and on that ground strike oft the satisfaction and open both judgments, not decided.*</p> <p>2. Where, however, upon a rule to strike off the satisfaction of an old judgment and open the same to permit the usurious interest therein to be set up as a defenecí to a subsequent judgment for the same debt, the court finds upon sufficient evidence that the transaction was not a deviee to conclude the debtor, it is not error to refuse the application.</p>