Henry Christian Building & Loan Ass'n v. Walton
Supreme Court of Pennsylvania
Appeal, No. 11, Jan. T., 1897, by plaintiff, from judgment of C. P. No. 1, Pbila. Co., March T., 1894, No. 258, on verdict for defendant. Scire facias sur mortgage. Before Beitler, J. The facts appear by the charge of the court which was as follows: The plaintiff in this matter is a building association, which is attempting, in this action, to collect from the defendant the balance due upon a mortgage of $1,000, which, in February, 1892, it paid $1,000 for.
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Appeal, No. 11, Jan. T., 1897, by plaintiff, from judgment of C. P. No. 1, Pbila. Co., March T., 1894, No. 258, on verdict for defendant. Scire facias sur mortgage. Before Beitler, J. The facts appear by the charge of the court which was as follows: The plaintiff in this matter is a building association, which is attempting, in this action, to collect from the defendant the balance due upon a mortgage of $1,000, which, in February, 1892, it paid $1,000 for. The defendant denies that he ought to pay the mortgage, alleging that it is a forgery. He has testified here that he did not sign the…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The distinction between the power to ratify acts void because of a fraud affecting individual interests only and the power to ratify acts which involve a public wrong has been carefully defined and preserved in our decisions. The right to avoid a contract on the ground of fraud is a privilege given to the injured party for his own protection, and it maybe waived; but he cannot give validity to an illegal contract. The earlier cases which held that all contracts vitiated by fraud are insusceptible of confirmation are in effect overruled by Pearsoll v. Chapin, 44 Pa.…
2Cases cited5 opinions
- Pearsoll v. ChapinSupreme Court of Pennsylvania · 1863
- Shisler v. VandikeSupreme Court of Pennsylvania · 1880
- Negley v. LindsaySupreme Court of Pennsylvania · 1871
- Garrett v. GonterSupreme Court of Pennsylvania · 1862
- Lyon ex rel. First National Bank v. PhillipsSupreme Court of Pennsylvania · 1884
3Cited by10 opinions
- Shannon v. CastnerSuperior Court of Pennsylvania · 1902
- Funds for Business Growth, Inc. v. MaraldoSupreme Court of Pennsylvania · 1971
- Austen v. MarzolfSupreme Court of Pennsylvania · 1928
- Hartlep v. MurphyIndiana Supreme Court · 1926
- Walker v. Pennsylvania Co. for Insurances on LivesSupreme Court of Pennsylvania · 1919
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