Young v. Steim

Citations

• 29 Pa. Super. 205
• 1905 Pa. Super. LEXIS 297

Syllabus

<p>Attachment execution — Promissory notes — Assignment.</p> <p>In an action upon a judgment note, in the name of the payee, to the use of another, it appeared that the defendant bought a property, paying for it partly in cash, partly by a note to the vendor, and partly by the note in suit, payable to the legal plaintiff. Subsequently a firm, of which the use plaintiff was a member, secured a judgment against the Vendor, and issued an attachment execution against the defendant. In the attachment proceedings the firm undertook to show that the note given to the legal plaintiff was in fact the property of the vendor. The proceedings, however, were discontinued. Subsequently the legal plaintiff assigned the note to the use plaintiff, and suit was brought thereon against the defendant, the maker. Held, that the attachment proceedings were not a bar to the suit, and that the attempt of the attaching firm to show that the vendor was the owner of the note, did not affect the legal plaintiff’s title, or estop the use plaintiff from acquiring that title.</p>