First National Bank v. Tustin
Supreme Court of Pennsylvania
Appeal, No. 387, Jan. T., 1913, by defendant, from judgment of C. P.. Columbia Co., May T., 1913, No. 284, for plaintiff, for want of a sufficient affidavit of defense in case of First National Bank of Shickshinny, Pennsylvania, v. George M. Tustin. Scire facias sur mortgage. Rule for judgment for want of sufficient affidavit of defense. Before Evans, P. J. The opinion of the Supreme Court states the facts.
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Appeal, No. 387, Jan. T., 1913, by defendant, from judgment of C. P.. Columbia Co., May T., 1913, No. 284, for plaintiff, for want of a sufficient affidavit of defense in case of First National Bank of Shickshinny, Pennsylvania, v. George M. Tustin. Scire facias sur mortgage. Rule for judgment for want of sufficient affidavit of defense. Before Evans, P. J. The opinion of the Supreme Court states the facts. The court made absolute the rule for judgment for want of a sufficient affidavit of defense. Defendant appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This is an appeal from a judgment entered for want of a sufficient affidavit of defense. The action was scire facias sur mortgage. It appears from the record that upon October 1,1910, the defendant gave to the plaintiff a mortgage to secure an indebtedness of $3,589.93 as evidenced by a certain promissory note for that amount, made by E. B. Tustin to the order of defendant; by whom it whs endorsed, and at whose request, it was discounted by the plaintiff. The said note was dated October 1, 1910, and was payable one year after date, the mortgage being given to…
2Cases cited4 opinions
- Law v. WaldronSupreme Court of Pennsylvania · 1911
- Tagg v. BowmanSupreme Court of Pennsylvania · 1882
- Crelier v. MackeySupreme Court of Pennsylvania · 1914
- Reilly v. WhiteSupreme Court of Pennsylvania · 1912
3Cited by8 opinions
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- First National Bank v. DeloneSupreme Court of Pennsylvania · 1916
- Hostetter v. GiffenSupreme Court of Pennsylvania · 1920
- Hamilton v. FleckSupreme Court of Pennsylvania · 1915
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