Legal Opinion

Williams v. Leach

Superior Court of Pennsylvania

Decided April 24, 1920No. Appeal, No. 8PublishedCited by 1 opinion

Appeal, No. 8, March T., 1920, by defendants, from judgment of C. P. Luzerne Co., March T., 1917, No. 885, for plaintiff non obstante veredicto in case of Sylvester Williams v. Mary A. Leach, Jennie E. Leach, Helen G. Leach, Margaret A. Leach, George L. Leach, John L. Gilbride, and Catherine Gil-bride. Issue on petition to open judgment. Before Woodward, J. The facts appear in the opinion of the Superior Court. The jury rendered a verdict in favor of the defendants.

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Appeal, No. 8, March T., 1920, by defendants, from judgment of C. P. Luzerne Co., March T., 1917, No. 885, for plaintiff non obstante veredicto in case of Sylvester Williams v. Mary A. Leach, Jennie E. Leach, Helen G. Leach, Margaret A. Leach, George L. Leach, John L. Gilbride, and Catherine Gil-bride. Issue on petition to open judgment. Before Woodward, J. The facts appear in the opinion of the Superior Court. The jury rendered a verdict in favor of the defendants. Subsequently the court, on motion, entered a judgment for the plaintiff, non obstante veredicto, for the amount of the mortgage…

1Opinion of the Court

Opinion by

Trexler, J.,

Frank W. Earned & Son negotiated a loan of $1,000. from the plaintiff to the defendant which loan was secured by bond and mortgage payable “in five years.” The Larneds attended to the entire transaction and subsequently collected the interest from time to time and paid it over to the plaintiff. In September, 1912, defendants paid. Earned & Son $300 on account of the principal of the mortgage and thereafter other sums until December 16, 1916, when the final payment was made. Earned & Son failed to pay over these sums and in concealment of their dishonesty from time to…

2Cases cited3 opinions

  1. Horstman v. GerkerSupreme Court of Pennsylvania · 1865
  2. Birkle v. ColemanSuperior Court of Pennsylvania · 1912
  3. Allentown School District v. DerrSupreme Court of Pennsylvania · 1887

3Cited by1 opinion

  1. C. D. Brown Co., Inc. v. Stand. H. Co.Supreme Court of Pennsylvania · 1930

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