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4 Walk. 365

Waters v. Cooper

Supreme Court of Pennsylvania

Decided October 26, 1874

Supreme Court of Pennsylvania · decided 1874-10-26

No. 58 October and November Term, 1874. . Ezra Cooper agreed to lend Hubbell money, and gave him part cash and his note for the balance; taking a mortgage for the amount upon Hubbell’s property. Hubbell transferred the note to Nelson Waters, who held a judgment against Hub-bell, with the agreement that it should be credited upon the judgment when paid.

Decided 1874-10-26

¶1The $upreme Court affirmed the judgment of the Common Pleas on October 26, 1874, in the following opinion :

Per Curiam.

¶2The note in this case was not to he credited on the judgment until it was paid. The judgment creditor therefore gave nothing for it, and lost nothing. He was not a purchaser for value, to be protected against a defence to the note, ■of which he had no notice or knowledge. In fact, on the testimony, he was only to collect the note and to apply the proceeds to his judgment. We discover no error in the record, and the

¶3Judgment is therefore affirmed.

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