Republic Trust Co. v. Hughes
Supreme Court of Pennsylvania
Appeal, No. 59, Jan. T., 1918, by defendants, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1917, No. 1111, for plaintiff for want of a sufficient affidavit of defense in case of The Republic Trust Company of Philadelphia v. Henry D. Hughes et al. Scire facias sur mortgage. Rule for judgment for want of a sufficient affidavit of defense. Before Barratt, P. J. The opinion of the Supreme Court states the facts.
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Appeal, No. 59, Jan. T., 1918, by defendants, from judgment of C. P. No. 2, Philadelphia Co., Dec. T., 1917, No. 1111, for plaintiff for want of a sufficient affidavit of defense in case of The Republic Trust Company of Philadelphia v. Henry D. Hughes et al. Scire facias sur mortgage. Rule for judgment for want of a sufficient affidavit of defense. Before Barratt, P. J. The opinion of the Supreme Court states the facts. The court entered judgment for plaintiff for want of a sufficient affidavit of defense. Defendants appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The appellants were partners engaged in the business of stock brokers in the City of Philadelphia. On 29th March, 1915, they executed a mortgage subject to certain other mortgages on their place of business, to the Republic Trust Company, plaintiff herein, in trust to secure the payment of certificates they were to issue to the amount of $75,000. These certificates were issued to one Jacob Nolde in consideration of the latter transferring to the firm certain bonds of the market value of $41,500, the certificates to be held as collateral security for the return or…
2Cases cited2 opinions
- Schmuck v. HartmanSupreme Court of Pennsylvania · 1908
- Lacy v. GreenSupreme Court of Pennsylvania · 1877
3Cited by3 opinions
- Tucker v. FertigSupreme Court of Pennsylvania · 1923
- Keim Keim v. Lochrie ReeseSuperior Court of Pennsylvania · 1928
- City of Philadelphia v. Kolb, Pennsylvania Court of Common Pleas, Philadelphia County1937