Kisthardt v. Betts

Decision Date23 March 1936
PartiesKISTHARDT, to Use of PUHAK et al., v. BETTS et al.
CourtPennsylvania Supreme Court
183 A. 923

KISTHARDT, to Use of PUHAK et al.,
v.
BETTS et al.

Supreme Court of Pennsylvania.

March 23, 1936.


Appeal No. 13, January term, 1935, from order and decree of Court of Common Pleas, Northampton County, April term, 1930, No. 64; Russell C. Stewart, President Judge.

Assumpsit by Baltzer Kisthardt, now to the use of George I. Puhak and Everett Kent, against Dr. J. A. Betts and Vanetta R. Betts for checks given by the defendant to Baltzer Kisthardt. Baltzer Kisthardt recovered two judgments against J. A. Betts for $2,068.77 and for $1,378.11 and a judgment against J. A. Betts and Vanetta R. Betts for $2,758.35. J. A. Betts and Vanetta R. Betts filed a petition to set off a judgment which had been entered in their favor against Baltzer Kisthardt, against the judgments held by Baltzer Kisthardt. From an order refusing the setoff as to the two judgments against J. A. Betts and allowing it as to the judgment against J. A. Betts and Vanetta R. Betts, the plaintiffs appeal.

Order affirmed.

Argued before KEPHART, C. J., and SCHAFFER, MAXEY, DREW, LINN, and BARNES, JJ.

George I. Puhak, of Hazleton, and Everett Kent, of Bangor, for appellants.

E. O. Richards and Charles P. Maxwell, both of Easton, for appellees.

PER CURIAM.

When the litigation between these parties was here before (311 Pa. 233, 166 A. 771), in our opinion we said the facts were complicated. They have not become less so. They are of interest to no one but the parties themselves, and are so unusual as not to be at all likely to found a precedent. We shall not elaborate them further than is necessary to give point to the principles upon which the court below determined the questions it had to meet.

The legal plaintiff, Baltzer Kisthardt, recovered three judgments, one against James A. Betts for $2,068.77, another against him for $1,378.11, and the third against him and his wife, Vanetta R. Betts, for $2,758.35. These judgments were founded upon checks given by the defendants to the legal plaintiff.

James A. Betts and Vanetta R. Betts entered judgment against Baltzer Kisthardt on a bond accompanying a mortgage given by him to them for $5,500. In this proceeding Betts and his wife by petition to the court below sought to set off that judgment against the three judgments which he held. The court refused the set off as to the two judgments against Betts, but allowed it as to the judgment for $2,758.35 against Betts and his wife. From this action the plaintiffs appeal.

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8 cases
  • Sunwest Bank of Roswell, N.A. v. Miller's Performance Warehouse, Inc.
    • United States
    • New Mexico Supreme Court
    • 4 Septiembre 1991
    ... ... view that the decision is within the trial court's discretion and "[e]ach case is to be determined on its own circumstances and merits." Kisthardt v. Betts, 321 Pa. 270, 271, 183 A. 923, 924 (1936) (quoting Leitz v. Hohman, 207 Pa. 289, 291, 56 A. 868, 868 (1904); see generally S.M. Speiser, ... ...
  • PROIE BROTHERS, INC. v. Proie
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • 1 Marzo 1971
    ... ... Kisthardt, to Use of Puhak v. Betts, 321 Pa. 270, 183 A. 923; 49 C.J.S. Judgments § 568, p. 1047 ...         Notwithstanding, it is our opinion that ... ...
  • Dalton State Bank v. Eckert
    • United States
    • Nebraska Supreme Court
    • 26 Noviembre 1938
    ...and the attorney had full notice that it was claimed, at the time he took the assignment from Bigalow.” In Kisthardt v. Betts, 321 Pa. 270, 183 A. 923, the defendants were permitted to set off their judgment against a judgment held by the plaintiff and assigned by the plaintiff to a third p......
  • Dalton State Bank v. Eckert
    • United States
    • Nebraska Supreme Court
    • 26 Noviembre 1938
    ... ... attorney had full notice that it was claimed, at the time he ... took the assignment from Bigalow." ...          In ... Kisthardt v. Betts, 321 Pa. 270, 183 A. 923, the ... [135 Neb. 504] defendants were permitted to set off their ... judgment against a judgment held by the ... ...
  • Request a trial to view additional results

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