Scott Manufacturing Co. v. Morgan

Citations

• 217 Pa. 367
• 66 A. 566
• 1907 Pa. LEXIS 719

Syllabus

<p>Mechanic’s lien — Materials—Sale on personal credit — Waiver.</p> <p>While it is true that a creditor may have more than one lien for the same debt yet a sale of materials on personal credit, either of the owner or the contractor, is some evidence at least of a waiver of the lien under the mechanic’s lien law, and raises a question of fact for a jury.</p> <p>Affidavit of defense — Practice, C. P. — Promissory note — Impounding note.</p> <p>Where in an action for goods sold and delivered an affidavit of defense avers that notes had been given for the goods, and were in the hands of innocent holders for value, and at a hearing on a rule for judgment for want of a sufficient affidavit of defense plaintiff’s counsel produces the notes in open court, to show that they were still in the hands of the plaintiff, the court has no power to impound the notes, and make absolute the rule for judgment. Such action involves going outside of the record in an inquiry into the facts at a stage of the case where such an inquiry is not permissible.</p>