Steigerwald v. Philadelphia Brewing Co.
Superior Court of Pennsylvania
Appeal, No. 89, Oct. T., 1902, by defendant, from judgment uf C. P. No. 4, Phila. Co., Dec. T., 1897, No. 93, on verdict for plaintiff in case of Elizabeth Steigerwald v. Philadelphia Brewing Company. Trespass for refusing to satisfy a mortgage. From the record it appeared that the action was brought under the act of May 28, 1715. The facts are fully stated in the opinion of the Superior Court.
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Appeal, No. 89, Oct. T., 1902, by defendant, from judgment uf C. P. No. 4, Phila. Co., Dec. T., 1897, No. 93, on verdict for plaintiff in case of Elizabeth Steigerwald v. Philadelphia Brewing Company. Trespass for refusing to satisfy a mortgage. From the record it appeared that the action was brought under the act of May 28, 1715. The facts are fully stated in the opinion of the Superior Court. Defendant presented, among others, these points: 1. The amount due is disputed in a suit now pending on appeal from the court of common pleas No. 1, of Philadelphia county, as of December term, 1896,…
1Opinion of the Court
Opinion by
Orlady, J.,
On June 30, 1896, the plaintiff gave to the defendant a bond and mortgage for $3,000, due one year after date, as security for a loan of money. On February 20, 1897, a judgment was entered on the bond under the power of attorney contained therein. On June 24, the plaintiff caused the damages to be assessed at $3,147, and immediately issued an execution thereon. The assessment of damages showed the principal to be $3,000 and attorney’s commissions $147 ; the interest on the principal debt at that time had been paid to June 30, 1897, and the principal debt was not due until…
2Cases cited4 opinions
- Lindley v. RossSupreme Court of Pennsylvania · 1890
- Crawford v. SimonSupreme Court of Pennsylvania · 1894
- Moore's AppealSupreme Court of Pennsylvania · 1885
- National S. F. & B. Ass'n v. WatersSupreme Court of Pennsylvania · 1891
3Cited by2 opinions
- Eisenhower v. ShankSuperior Court of Pennsylvania · 1906
- Graham v. Mt. Airy Building & Loan Ass'n, Pennsylvania Court of Common Pleas, Philadelphia County1930