Legal Opinion

Weightman v. Union Trust Co.

Supreme Court of Pennsylvania

Decided March 21, 1904No. Appeal, No. 107PublishedCited by 28 opinions

Appeal, No. 107, Jan. T., 1903, by-defendant, from order of C. P. No. 4, Pbila. Co., March T., 1902, No. 3441, making absolute rule for judgment for want of a sufficient affidavit of defense in case of William Weight-man v. Union Trust Company. Assumpsit on a bond. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the case. The court made absolute rule for judgment for want of a sufficient affidavit of defense.

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Appeal, No. 107, Jan. T., 1903, by-defendant, from order of C. P. No. 4, Pbila. Co., March T., 1902, No. 3441, making absolute rule for judgment for want of a sufficient affidavit of defense in case of William Weight-man v. Union Trust Company. Assumpsit on a bond. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the case. The court made absolute rule for judgment for want of a sufficient affidavit of defense. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Mr. Justice Potter,

Our consideration of the affidavit of defense filed in this case has led us to a different conclusion from that reached by the learned judge of the court of common pleas.

The plaintiff, William Weightman, agreed to lend a large sum of money to one Walter E. Steelman, and to take as security a mortgage upon certain lots of ground, upon Avhich Steelman agreed to erect certain buildings and to make certain street improvements. For his further protection, Weightman procured a bond from the defendant, the Union Trust Company, by which it agreed to hold him harmless…

2Cases cited1 opinion

  1. Wheeler v. Equitable Trust Co.Supreme Court of Pennsylvania · 1903

3Cited by28 opinions

  1. Beaver County Building & Loan Ass'n v. WinowichSupreme Court of Pennsylvania · 1936
  2. Knight & Jillson Co. v. CastleIndiana Supreme Court · 1909
  3. Howell v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1934
  4. Purdy v. MasseySupreme Court of Pennsylvania · 1931
  5. Faulkner v. McHenrySupreme Court of Pennsylvania · 1912

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