Work v. Prall

Citations

• 26 Pa. Super. 104
• 1904 Pa. Super. LEXIS 272

Syllabus

<p>Judgment — Judgment note — Mergei—Assignment.</p> <p>Where a judgment has been entered upon a confession in a judgment note, the cause of action becomes merged in the judgment, and the note does not survive. The judgment does not possess the qualities of a negotiable instrument.</p> <p>The assignee of a judgment takes the same subject to existing equities between the parties thereto, and has no better position than would the judgmeat creditor have occupied if he had not executed an assignment. It is the duty of the assignee to give the defendant notice of the assignment, and if he fails to do so, and the defendant pays the amount of the judgment to the plaintiff, the assignee cannot compel the defendant to make a second payment to himself. The entry of the assignment on the records in the court of common pleas is not notice to the defendant.</p> <p>Estoppel — Change of legal status — Loss. ■</p> <p>A party is only estopped when his conduct or representation induces action in another which cannot be withdrawn from without loss.</p> <p>A promise made by the defendant in a judgment to pay an assignee of the judgment the amount thereof, will not estop the defendant from asserting subsequently that he had paid the amount of the judgment to the plaintiff without notice of the assignment, if it appears that the assignee’s legal position was not changed by reason of the promise, or that he suffered any loss therefrom.</p>