Legal Opinion

Quein v. Smith

Supreme Court of Pennsylvania

Decided March 16, 1885PublishedCited by 2 opinions

Error to the Court of Common Pleas No. 1, of Philadelphia county: Of January Term 1884, No. 276. Scire facias sur mortgage, by R. Rundle Smith Assignee of the William H. Taylor Building Association against Joseph Quein, on a mortgage made by Quein to the building association, and by it assigned to the plaintiff.

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Error to the Court of Common Pleas No. 1, of Philadelphia county: Of January Term 1884, No. 276. Scire facias sur mortgage, by R. Rundle Smith Assignee of the William H. Taylor Building Association against Joseph Quein, on a mortgage made by Quein to the building association, and by it assigned to the plaintiff. On the trial, before Peirce, J., the following facts appeared: The mortgage in suit was given December 31st, 1874; to secure a loan of $1500 to Quein upon seven and 'a half shares of stock of the association held by him, and conditioned for the payment of $7.50 per month as interest…

1Opinion of the CourtJustice Tjrunkey

Smith and Christian having withdrawn their stock, each *330■received from the association an order for $2490, dated April 3d, 1879. Christian placed his order in the hands of Smith for collection. After Smith had threatened to sue unless secured, the board of directors agreed to accede to his demand, and on May 10th, 1880, the association assigned to him as collateral security four mortgages, including the one in suit, and stipulated that all the income derived from said four mortgages, together with one half of all the income derived from any other source, should be wholly applied to the…

2Cited by2 opinions

  1. Stone v. New Schiller B. & L. Ass'nSupreme Court of Pennsylvania · 1928
  2. Quin v. CallahanSupreme Court of Pennsylvania · 1889

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