Freemansburg Building & Loan Ass'n v. Watts
Supreme Court of Pennsylvania
Appeal, No. 87, Jan. T., 1901, by defendants, from judgment of C. P. Northampton Co., Feb. T., 1901, No. 51, on trial by court without a jury in the case of The Freemansburg Building & Loan Association, to use of Jacob B. Kemerer and J. Stewart Shick, Assignees of the said The Freemansburg Building & Loan Association for the benefit of creditors, v. Henry C. Watts, Administrator of Sarah A. Watts, Deceased, and Henry C. Watts. Scire facias sur mortgage.
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Appeal, No. 87, Jan. T., 1901, by defendants, from judgment of C. P. Northampton Co., Feb. T., 1901, No. 51, on trial by court without a jury in the case of The Freemansburg Building & Loan Association, to use of Jacob B. Kemerer and J. Stewart Shick, Assignees of the said The Freemansburg Building & Loan Association for the benefit of creditors, v. Henry C. Watts, Administrator of Sarah A. Watts, Deceased, and Henry C. Watts. Scire facias sur mortgage. The case was tried by the court without a jury, under the act of April 22, 1874. Scott, J., filed the following opinion: Sarah A. Watts…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The judgment appealed from is clearly right, and it is fully sustained by the reasons so well stated by the learned judge of the common pleas. The obligation which the borrower gave to the association provided for the payment of the principal debt in equal monthly instalments until the whole was paid, “ according to the act of assembly and the terms and provisions of the constitution and by-laws of said association.” Only one meaning can be given to the obligation without ignoring entirely the relation of the parties to each other. In carrying out the plan on which…
2Cases cited1 opinion
- York Trust, Real Estate & Deposit Co. v. GallatinSupreme Court of Pennsylvania · 1898
3Cited by19 opinions
- Orient Building & Loan Ass'n v. FreudSupreme Court of Pennsylvania · 1929
- Sullivan & Sons Manufacturing Co. v. Ideal Building & Loan Ass'nSupreme Court of Pennsylvania · 1933
- Benjamin Podol B. & L. Ass'n v. PolakSuperior Court of Pennsylvania · 1930
- Hamilton Trust Co. v. HoskinsSupreme Court of Pennsylvania · 1914
- Consolid'd B. L. Assn. v. ShipleySuperior Court of Pennsylvania · 1928
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