Turner v. Vogan

Citations

• 61 Pa. Super. 351
• 1915 Pa. Super. LEXIS 331

Syllabus

<p>Note — Judgment note — Wrongful entry of judgment — Damages for injuries from sale under execution.</p> <p>Where the holder of a judgment note enters judgment thereon and issues execution in violation of a verbal agreement, based on a valuable consideration, to cancel or surrender the note, and such agreement is made after the note was given, but before judgment is entered on it, the plaintiff may be held liable in an action of assumpsit for the injury to the defendant resulting from the sale of the latter’s property under the execution. Such’ an action of assumpsit does not attack the judgment collaterally.</p>