Potter v. Hartnett

Citations

• 148 Pa. 15
• 23 A. 1007
• 1892 Pa. LEXIS 903

Syllabus

<p>Unit on foreign judgment — Sow far judgment conclusive.</p> <p>When suit is brought upon a judgment recovered in the courts of another state, the judgment is conclusive up to its date, and nothing which occurred previous lüereto can be set up in defence to the action on the judgment.</p> <p>Compromise of claim — Accord and satisfaction.</p> <p>Where it appears from an affidavit of defence that, during the pendency of the original suit, an agreement was made in settlement of the controversy between the parties thereto, that the judgment was subsequently entered, and that after its entry the agreement was carried out by defendant, the defence is valid. The agreement between the parties was only an accord, and plaintiffs might properly enter judgment, because it was uncertain whether defendant could or would carry out the agreement. The satisfaction was a subsequent act not at all inconsistent with the judgment and not concluded by it.</p> <p>Affidavit of defence — Contract—Consideration.</p> <p>Where an agreement is made to compromise a claim in consideration of the defendant entering into the service of the plaintiff, it cannot be said, as a matter of law, that the agreement was without consideration for the reason that the defendant was to be paid for his services. The personal services were a sufficient consideration, and the employer may contract to give for them something in excess of the salary.</p> <p>Savage v. Everman, 70 Fa. 315, followed.</p>