M'Crelish v. Churchman
Supreme Court of Pennsylvania
Writ of error to the District Court for the city and county of Philadelphia, in a scire facias on a mortgage given by Archibald MCrelish, the plaintiffin error and defendant below, to John Pray, whose assignees were the defendants in error and plaintiffs below, dated the 31st August, 1822, to secure a bond, with a warrant of attorney, of that date, for the payment of five thousand dollars, in one year, with interest. — • MCrelish and Pray, had dealings with each other, and…
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Writ of error to the District Court for the city and county of Philadelphia, in a scire facias on a mortgage given by Archibald MCrelish, the plaintiffin error and defendant below, to John Pray, whose assignees were the defendants in error and plaintiffs below, dated the 31st August, 1822, to secure a bond, with a warrant of attorney, of that date, for the payment of five thousand dollars, in one year, with interest. — • MCrelish and Pray, had dealings with each other, and M‘Crelish became indebted to Pray in the sum of five thousand one hundred and seventy dollars and forty cents, for…
1Opinion of the CourtRogers, J.
(after stating the case) delivered the opinion of the court, as follows:—
We agree fully with the court, that this case must be taken divested of all considerations arising from the allegation of fraud. The inability to pay the notes, as they became due, was not evidence of fraud, nor, on the other hand, was fraud fairly inferable from proof of the fact, that at the time the mortgage was executed the property was previously encumbered to an amount which reduced the value of the security below five thousand dollars. The parties must be supposed to have entered into the contract with a knowledge…
2Cited by21 opinions
- Demyanovich v. Cadon Plating & Coatings, L.L.C.Court of Appeals for the Sixth Circuit · 2014
- Smiley v. BarkerCourt of Appeals for the Eighth Circuit · 1897
- Ankeny v. ClarkSupreme Court of the United States · 1893
- Fairman v. FluckSupreme Court of Pennsylvania · 1836
- Malsberger v. ParsonsSuperior Court of Delaware · 1910
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