McCartney ex rel. First National Bank v. Kipp

Supreme Court of Pennsylvania November 4, 1895

McCartney ex rel. First National Bank v. Kipp, 171 Pa. 644 (Pa. 1895)

33 A. 233; 1895 Pa. LEXIS 1354

Fell, Green, McCollum, Mitchell, Sterrett, Williams

Opinion of the Court

Per Curiam,

Our examination of the record has disclosed no substantial error in the decree from which this appeal was taken. The questions presented have been so fully considered and so satisfactorily disposed of by the learned president of the common pleas that further discussion of either of them is unnecessary.

The decree is affirmed on his opinion.

Decree affirmed and appeal dismissed, with costs to be paid by the administrator of Charles C. McLain, appellant.

Reference

Full Case Name: S. McCartney in Trust for the Tarentum Bank, for Use of the First National Bank of Tarentum, now for Use of Charles Lockhart v. A. V. Kipp. Appeal of Charles C. McLain, Administrator
Cited By: 28 cases
Status: Published
Syllabus: Evidence—Competency of witness—Party dead—Contest between execution creditors. In a contest between an execution creditor and the administrator of an execution creditor over a distribution of the proceeds of a sheriff’s sale, the defendant in the execution is a competent witness. Judgment—Contract—Novation. The acceptance of a new security for an existing debt does not operate as a payment unless it was intended by the parties to extinguish the old debt and substitute the new securities for it. New paper of the debtor and paper of third persons accepted for a pre-existing debt in the absence of a special agreement are regarded simply as conditional payments or collateral security.