Faulkner v. McHenry
Supreme Court of Pennsylvania
Appeal, No. 296, Jan. T., 1911, by plaintiff! from order of C. P. No. 3, Phila. Co., June T., 1911, No. 3774, discharging rule for judgment for want of a sufficient affidavit of defense in case of Charles A. Faulkner, Administrator of the Estate of Thomas Clements, deceased v. Hugh McHenry. Assumpsit on an implied covenant of indemnity. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 296, Jan. T., 1911, by plaintiff! from order of C. P. No. 3, Phila. Co., June T., 1911, No. 3774, discharging rule for judgment for want of a sufficient affidavit of defense in case of Charles A. Faulkner, Administrator of the Estate of Thomas Clements, deceased v. Hugh McHenry. Assumpsit on an implied covenant of indemnity. Rule for judgment for want of a sufficient affidavit of defense. Ferguson, J., discharged the rule on the ground that the plaintiff had disclosed no actual loss. Error assigned was order discharging the rule.
1Opinion of the Court
.Opinion by
Me. Chief Justice Fell,
j This appeal is from an order discharging a rule for judgment for want of a sufficient affidavit of defense. The defendant purchased land under and subject to a mortgage made by his grantor and because of his default the land was sold by the sheriff under proceedings on the mortgage for an amount insufficient to pay the mortgage. An action was then brought on the bond of the mortgagor and a judgment was obtained against the administrator of his estate for the deficiency. This action was by the administrator against the grantee of the land on the implied…
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