Vanderpool ex rel. Markham v. Vanderpool

Citations

• 162 Pa. 394
• 29 A. 910
• 1894 Pa. LEXIS 991

Syllabus

<p>Judgment — Assignment of judgment — Pledge of judgment as security for attorney's fees — Opening judgment.</p> <p>On an application to open a judgment, both plaintiff and defendant testified that there was nothing due to plaintiff by defendant when the judgment was entered. It appeared from the record that plaintiff had assigned the judgment, on condition that the assignee should collect the amount of the judgment and account to plaintiff after deducting fees and expenses. Subsequently plaintiff executed a paper revoking the authority of the assignee to collect the judgment and an order to satisfy the judgment. Held that the rule to open the judgment should be made absolute, and an issue awarded to determine how much was equitably due to the assignee, the judgment to be satisfied as to all above such amount.</p> <p>In such a case the burden is on the assignee to show the amount of his expenses, that they were proper in nature and amount, and that they had been actually incurred in good faith before he was notified that his power had been revoked.</p>