Lepore v. Italian Victory B. & L. Ass'n

Opinion by

Boss, J.,

In this action of assumpsit, the plaintiffs have appealed from an order of the court below dismissing their motion for judgment, on the pleadings, consisting of a complaint and answer.

In their complaint, the plaintiffs aver that on May 7, 1931, they executed a mortgage on certain premises in Philadelphia to the defendant “in consideration of the defendant lending to them the sum of $1,000”, that on the same day the defendant recorded the mortgage but “never paid to the plaintiffs” the $1,000; that defendant has refused to satisfy the mortgage although requested to do so on…