Bergdoll v. Sopp
Supreme Court of Pennsylvania
Jan. T., 1909, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1905, No. 925, for defendant non obstante veredicto in case of Emma C. Bergdoll v. Ernst Sopp. Assumpsit for balance due under a mortgage. Before McMichael, P. J. The facts are stated in the opinion of the Supreme Court. Verdict for plaintiff for $1,581.56. The court subsequently entered judgment for defendant non obstante veredicto.
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Jan. T., 1909, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1905, No. 925, for defendant non obstante veredicto in case of Emma C. Bergdoll v. Ernst Sopp. Assumpsit for balance due under a mortgage. Before McMichael, P. J. The facts are stated in the opinion of the Supreme Court. Verdict for plaintiff for $1,581.56. The court subsequently entered judgment for defendant non obstante veredicto. Errors assigned were (1) in taking from the jury the interpretation of the parol contract of suretyship; and (2) in entering judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
March 7, 1910:
The son of the appellee borrowed $11,000 from the appellant on or about September 10, 1903. She lent him this sum upon condition that the father would execute the mortgage in suit as collateral security to her. Her contention is that it was given as security for the whole indebtedness of $11,000, while the appellee insists that it was to be collateral for only *365$8,000 of the debt. Subsequently the son’s indebtedness to the appellant was increased and amounted at the time of his death — not long after the execution of the mortgage— to $12,200.27. His…
2Cases cited4 opinions
- Orleans County National Bank v. MooreNew York Court of Appeals · 1889
- Cowperthwaite v. . SheffieldNew York Court of Appeals · 1850
- Browning v. CarsonMassachusetts Supreme Judicial Court · 1895
- Cohen v. L'EngleSupreme Court of Florida · 1892
3Cited by4 opinions
- F. D. Cline Paving Co. v. Southland Speedways, Inc.Supreme Court of North Carolina · 1959
- Bergdoll v. SoppSupreme Court of Pennsylvania · 1911
- Herr v. Lancaster Trust Co.Superior Court of Pennsylvania · 1911
- Union Trust Co. v. MowrerSuperior Court of Pennsylvania · 1916