Lovenovith v. Knights of Joseph Building & Loan Ass'n
Superior Court of Pennsylvania
Appeal, No. 117, Oct. T., 1917, by plaintiffs, from judgment of O. P. No. 3, Philadelphia Co., Dec. T., 1915, No. 2369, on verdict for defendant in case of Adolph Lovenovith and Helen Lovenovith v. Knights of Joseph Building and Loan Association. Issue to determine whether a mortgage had been paid. Before Ferguson, J. The facts are stated in the opinion of the Superior Court. Error assigned was in overruling motion for judgment for plaintiff n. o. v.
1Opinion of the Court
Opinion by
Henderson, J.,
This appeal arises out of an issue tried by the court below on the petition of the appellants for an order directing' the satisfaction of a mortgage held by the appellee. The verdict was for the defendant, in compliance with binding instructions from the court. It is conceded that a check for the amount of the appellants’ mortgage was delivered to Keisler and that the check was actually paid to him. The appellee alleges, however, that the money received on the check never came into the possession of the association but was embezzled by its secretary. This defense is…
2Cases cited4 opinions
- Mohrfeld v. Second German South-Eastern Building Ass'nSupreme Court of Pennsylvania · 1900
- Schutte v. California B. & L. Ass'n, Pennsylvania Court of Common Pleas, Alleghany County1892
- Strong v. Ten Cent Tutor Building & Loan Ass'nSupreme Court of Pennsylvania · 1899
- Louchheim v. Somerset Building & Loan Ass'nSupreme Court of Pennsylvania · 1905
3Cited by1 opinion
- Zidek v. West Penn Power Co.Superior Court of Pennsylvania · 1941