Blank v. German
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Lehigh county, in which an action of assumpsit was brought by Benjamin German against John Blank, John Knepply, John Rice, Michael Bastían and Peter Knepply, who survived Peter Cooper, impleaded with Christopher Shulze, to recover the deficiency in the sale of certain mortgaged premises, which the plaintiff alleged the defendants had agreed to indemnify him against.
Read the full summary
ERROR to the Common Pleas of Lehigh county, in which an action of assumpsit was brought by Benjamin German against John Blank, John Knepply, John Rice, Michael Bastían and Peter Knepply, who survived Peter Cooper, impleaded with Christopher Shulze, to recover the deficiency in the sale of certain mortgaged premises, which the plaintiff alleged the defendants had agreed to indemnify him against. The circumstances of the case were as follows: The plaintiff was the owner of a house and lot of ground in Womelsdorf, Berks county, which he mortgaged on the 28th of April 1831, to “The Society of the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Had the defendants below purchased the property subject to the mortgage debt, the case would have been within the principle of Campbell v. Shrum, because the price would have been estimated at the clear value less the mortgage debt, and it may be said that so much of the price would have been virtually retained to answer it; so that the plaintiff would have lost that much, had he been compelled to pay with other funds than those set apart for the purpose in the defendants’ hands. As it would have been a fraud in them to retain his money…
2Cited by11 opinions
- May's EstateSupreme Court of Pennsylvania · 1907
- Tryon v. MunsonSupreme Court of Pennsylvania · 1875
- Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922
- Moore's AppealSupreme Court of Pennsylvania · 1879
- Taylor v. PrestonSupreme Court of Pennsylvania · 1875
6 more not listed; retrieve them via the Exa API.