Dollar Savings Bank v. Burns
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Indiana county: Of October and November Term 1878, No. 270. Debt upon a bond by the Dollar Savings Bank, for use of the executor of Samuel McClurkan, deceased, against James M. Burns. This was an action of debt on a bond, conditioned for the payment of $2000, made by defendant, James M. Burns, in favor of The Dollar Savings Bank, which was given for borrowed money.
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Error to the Court of Common Pleas of Indiana county: Of October and November Term 1878, No. 270. Debt upon a bond by the Dollar Savings Bank, for use of the executor of Samuel McClurkan, deceased, against James M. Burns. This was an action of debt on a bond, conditioned for the payment of $2000, made by defendant, James M. Burns, in favor of The Dollar Savings Bank, which was given for borrowed money. Burns did not deny that he executed the bond and got the money thereon, but he alleged that the bond was paid. He did not claim that he paid it himself, but said the bond was secured by a…
1Opinion of the CourtJustice Gordon
From the history of this case we gather the following: James M. Burns, the defendant, borrowed from the Dollar Savings Bank, on or about the 10th of October 1864, the sum of $2000. To secure this amount he executed to the bank his bond and mortgage. This mortgage, being duly recorded, became the first lien on certain real estate of the mortgagor, situated in the borough of East Birmingham. Afterwards, Samuel McClurkan, the plaintiff, obtained a judgment against Burns, on which execution was issued, and, in due course, this same property was levied upon and sold to the plaintiff for the sum of…
2Cases cited1 opinion
- Cooley's AppealSupreme Court of Pennsylvania · 1856
3Cited by13 opinions
- Lackawanna Trust & Safe Deposit Co. v. GomeringerSupreme Court of Pennsylvania · 1912
- Mollenauer v. SmithSuperior Court of Pennsylvania · 1912
- Cock v. Bailey, Pennsylvania Court of Common Pleas, Alleghany County1892
- Greensburg Fuel Co. v. Irwin Natural Gas Co.Supreme Court of Pennsylvania · 1894
- Steele v. WalterSupreme Court of Pennsylvania · 1903
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