Legal Opinion

People's Building, Loan & Saving Ass'n v. Berlin

Supreme Court of Pennsylvania

Decided November 8, 1901No. Appeal, No. 80PublishedCited by 18 opinions

Appeal, No. 80, Jan. T., 1901, by plaintiff, from judgment of Superior Court, Oct. T., 1899, No. 213, reversing judgment of C. P. McKean Co., Feb. T., 1896, No. 193, on case tried by court without a jury in suit of People’s Building and Loan Association v. George T. Berlin and Sarah E. Berlin. Appeal from Superior Court. The facts appear by the opinion of the Supreme Court. Error assigned was the decree of the court.

1Opinion of the Court

Opinion by

Mr. Justice Potter,

It appears from the record in this case, that a citizen of Pennsylvania executed a mortgage, to a foreign building and loan association, upon property in Pennsylvania. Default having been made, a scire facias was issued, and, by agreement of the parties, the case was tried without a jury. The validity of the mortgage was sustained, and judgment entered for the amount found due. On appeal to the Superior Court, the judgment was reversed, on the ground that the transaction involved an investment of part of the capital of the plaintiff company within the state of…

2Cases cited7 opinions

  1. Commonwealth v. Standard Oil Co.Supreme Court of Pennsylvania · 1882
  2. Swing v. MunsonSupreme Court of Pennsylvania · 1899
  3. Blakeslee Manufacturing Co. v. HiltonSuperior Court of Pennsylvania · 1897
  4. W. B. Mearshon & Co. v. Pottsville Lumber Co.Supreme Court of Pennsylvania · 1898
  5. Wolff Dryer Co. v. BiglerSupreme Court of Pennsylvania · 1899

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Frawley, Bundy & Wilcox v. Pennsylvania Casualty Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1903
  2. Commonwealth v. Wilkes-Barre & Hazleton RailroadSupreme Court of Pennsylvania · 1915
  3. Earle v. Chesapeake & O. Ry. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1904
  4. Siwooganock Guaranty Savings Bank v. CushmanSupreme Court of Vermont · 1937
  5. Galena Mining & Smelting Co. v. FrazierSuperior Court of Pennsylvania · 1902

13 more not listed; retrieve them via the Exa API.

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