Phillips v. Beatty

Citations

• 135 Pa. 431
• 19 A. 1020
• 1890 Pa. LEXIS 1199

Syllabus

<p>1. Where, at the request of a defendant in a judgment, his brother offered to pay the plaintiff in full, and was referred by the latter to K., his attorney, and under K.’s direction, he paid the amount to C., associated with K. as attorney of i'ecord, though personally unknown to the plaintiff, the payment to C. is a good defence to a subsequent revival of the judgment.</p> <p>2. And this, notwithstanding the fact that, before the issuance of the writ of scire facias, a rule granted, upon the petition of the original plaintiff, to show cause why an assignment of the judgment made to the person so paying it and a satisfaction thereof entered by the latter should not be stricken from the record, had been made absolute.</p>