Lewis v. Germania Savings Bank
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1, of Allegheny county: Of October and November Term 1880, No. 262. Scire facias sur mortgage issued by the Germania Savings Bank of Pittsburgh against W. A. Lewis, impleaded with James I. and William Robinson.
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Error to the Court of Common Pleas No. 1, of Allegheny county: Of October and November Term 1880, No. 262. Scire facias sur mortgage issued by the Germania Savings Bank of Pittsburgh against W. A. Lewis, impleaded with James I. and William Robinson. Lewis filed an affidavit of defence which set forth that he has a just and legal defence to the whole of plaintiff’s claim, except as to the part of the principal debt unpaid, which, with interest amounts to the sum of $2468.23, which defence consists of the following facts : Jas. I. Robinson was and is the principal debtor to the plaintiff for…
1Opinion of the CourtJustice Sterrett
Assuming all the allegations of fact contained in he affidavits of the defendant below to be true, they do not constitute a valid defence to the payment of the principal debt and interest or any part thereof. It is not pretended that any part of the fund distributed by the Court of Common Pleas of Butler county has ever been received and applied to the mortgage-debt; on the contrary, it appears by the opinion of that court, which is referred to and made part of the affidavit of defence, that the bank is not authorized to take out of court its distributive share of the fund, except upon…
2Cited by9 opinions
- Foulke v. Hatfield Fair Grounds Bazaar, Inc.Superior Court of Pennsylvania · 1961
- Scott v. CarlSuperior Court of Pennsylvania · 1904
- Walter v. DicksonSupreme Court of Pennsylvania · 1896
- Jones v. McDowellSuperior Court of Pennsylvania · 1909
- Eisenhower v. ShankSuperior Court of Pennsylvania · 1906
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