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6 Sadler 438

Marr v. Marr

Supreme Court of Pennsylvania

Decided May 9, 1887

Supreme Court of Pennsylvania · decided 1887-05-09

This was a feigned issue in which Prank S. Marr, assignee, was plaintiff, and A. G. Marr was defendant, to determine the amount due the plaintiff by the defendant, upon a confessed judgment which had been opened for the purpose of letting the defendant into a defense.

Affirmed · Decided 1887-05-09

Pee Curiam:

¶1This was a feigned issue to determine the sum due on a judgment against the defendant below. Under the issue tried we think the interest was computed correctly. Although it was clearly shown that the defendant had given to the plaintiff a certain check of $500, yet whether it was to apply on this judgment or had been applied and settled otherwise was a question of fact for the referee to determine. We do not think his finding is without evidence. It is not sufficient cause for reversal that we may have found differently. We discover no error in the record which demands a reversal or modification of the judgment.

¶2Judgment affirmed.

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