Felin & Co. v. First Mortgage Guarantee & Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 206, Jan. T., 1915, by defendant, from decree of C. P. No. 5, Philadelphia Co., March T., 1913, No. 2853, requiring specific performance of a contract to assign bonds and mortgages, in case of Charles F. Felin and Amos Y. Lesher, Trading as Charles F. Felin & Company, v. The First Mortgage Guarantee & Trust Company. Bill in equity for the specific performance of a contract to assign bonds and mortgages.
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Appeal, No. 206, Jan. T., 1915, by defendant, from decree of C. P. No. 5, Philadelphia Co., March T., 1913, No. 2853, requiring specific performance of a contract to assign bonds and mortgages, in case of Charles F. Felin and Amos Y. Lesher, Trading as Charles F. Felin & Company, v. The First Mortgage Guarantee & Trust Company. Bill in equity for the specific performance of a contract to assign bonds and mortgages. On final hearing Ralston, J., filed the following' opinion: The plaintiffs entered into a contract with Eugene R. Hutton for the erection of a number of houses. Certain mortgages…
1Opinion of the Court
Per Curiam,
We have examined the testimony and pleadings in this case and discovered nothing which would warrant us in reversing the'findings of fact by the learned chancellor, and they require the affirmance of the decree granting the relief prayed for in the bill. He found that the sum of $2,296.54, the over-payment, was paid by defendant to plaintiffs upon orders or vouchers out of the moneys held by defendant for the account of the Dillon operation, that at the time this payment was made Dillon was and still is indebted.to the plaintiffs, and that Dillon agreed with the plaintiffs the…
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- Davis v. . MontgomerySupreme Court of North Carolina · 1937