Freeman v. Lafferty
Supreme Court of Pennsylvania
Appeal, No. 319, Jan. T., 1902, by plaintiff, from decree of C. P. No. 3, Phila. Co., Dec. T., 1896, No. 567, sustaining demurrer to bill in equity, in case of John S. Freeman v. Marguerite Lafferty, Assignee of Marie Mellerio, Samuel Chubb and George A. Aldrich. Bill in equity to cancel a judgment. The facts are stated in the opinion of the Supreme Court. Error assigned was the decree of the court.
1Opinion of the Court
Opinion by
Mb. Justice Dean,
On December 26, 1886, the plaintiff, John S. Freeman, bought a property in Philadelphia for §4,000 and borrowed on the same day from Marie Mellerio §3,000, for which he gave her his bond secured by mortgage upon the property purchased; on January 26,1887, he sold and conveyed the property to Kate A. Gardner for §1,500 subject to the mortgage ; soon after he notified the counsel of Marie Mellerio, to collect the mortgage when it became due, otherwise he would seek relief from payment of the bond; she took no steps to collect, but in 1896 assigned the mortgage to…
2Cases cited2 opinions
- Findlay & Hay v. KeimSupreme Court of Pennsylvania · 1869
- Way v. HootonSupreme Court of Pennsylvania · 1893
3Cited by7 opinions
- First Pool Gas Coal Co. v. Wheeler Run Coal Co.Supreme Court of Pennsylvania · 1930
- Gould v. RandalSupreme Court of Pennsylvania · 1911
- Meenen v. NegleySuperior Court of Pennsylvania · 1928
- Mellerio v. FreemanSupreme Court of Pennsylvania · 1905
- Carson v. PainterSuperior Court of Pennsylvania · 1918
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