58 Pa. 116 | Pa. | 1868
The opinion of the court was delivered, February 13th 1868, by
It appears that the plaintiff in error was an accommodation endorser for one D. McLaren of a note for $300, negotiated to Levi H. Groff, the defendant in error, in due course. Not being paid at maturity it was protested, of which the endorser had notice. The holder sued the maker and obtained judgment. On this he issued execution, and levied on a large amount of circus property, supposed to be the property of the defendant in the execution. But the sale was prevented by an interpleader issue at the instance of a claimant who gave bond, and then the goods were surrendered to him by the sheriff. The endorser, the plaintiff in error, was sued, and the defence set up for him was, that the levy which had been made on the goods delivered on the interpleader was a satisfaction of the debt, and no recovery could be had in the suit against the endorser. A sufficient levy undisposed of is presumed to be a satisfaction of a judgment. This is a general rule, but it would be a great perversion of a principle, which is just in proper cases, to give effect to it here: Byles on Bills 185. If it could avail in this case, and the intervener Christy should be successful in the interpleader issue, the holder
But another ground of defence quite as novel was set up by an offer to prove that in addition to the $15,000 worth of property, alleged to have been seized by the sheriff and released on the interpleader bond, other goods were in the sheriff’s bailiwick and seized by him, but not returned. But if this defendant refers himself to what was done in that ease, he is bound by what was done; and the sheriff’s return is of such high authority that it cannot be contradicted, and it excludes or rather negatives the allegation thus made against it. As it stands, the goods levied were delivered on the interpleader. This the defendant is in no position to contradict. The testimony was properly rejected. There was neither a legal nor equitable satisfaction of the plaintiff’s demand in anything shown here of which the defendant could avail himself, and for this reason the judgment must be affirmed.
What the writing, the rejection of which is complained of, and is the subject of the 7th assignment, was, we do not know. Neither the paper nor the object of it is set forth. We cannot therefore say there was any error in its rejection.
Judgment affirmed.