Jeffers v. Gill ex rel. Lewis
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1879, No. 327. Scire facias sur mortgage by S. B. W. Gill, for the use of Mrs. Eliza Lewis and Miss Rachel Walker, against C. B. Jeffers and Margaret J., his wife, with notice to Robert McCain terre-tenant.
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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1879, No. 327. Scire facias sur mortgage by S. B. W. Gill, for the use of Mrs. Eliza Lewis and Miss Rachel Walker, against C. B. Jeffers and Margaret J., his wife, with notice to Robert McCain terre-tenant. On the 6th of April 1874, C. B. Jeffers and Margaret, his wife, executed and delivered to S. B. W. Gill, then a lawyer in large practice, a bond and mortgage on property situated in the city of Allegheny, and belonging to Mrs. Jeffers, which bond and mortgage recited an indebtedness of $10,000. By…
1Opinion of the CourtJustice Gordon
“ Where one of two innocent persons must suffer, he must bear the loss whose act or neglect has been the occasion of the suffering:” Wethrill’s Appeal, 3 Grant 281. Judged by this rule, McCain’s defence fails. He it was who put it into Gill’s power to commit the fraud which has produced the result complained of; from first to last he has been grossly negligent. He gave his note for the balance due fipon the mortgage, when it was yet in the hands of McCullough, and when it did come into Gill’s possession he took no steps to have the arrangement endorsed either upon the papers or upon the…
2Cases cited1 opinion
- Wethrill's AppealSupreme Court of Pennsylvania · 1859
3Cited by5 opinions
- Weiner v. Pennsylvania Co. for Insurances on Lives & Granting AnnuitiesSuperior Court of Pennsylvania · 1946
- Ritter v. ThomaskySuperior Court of Pennsylvania · 1918
- Commonwealth v. Olloman, Pennsylvania Court of Common Pleas, Washington County1934
- Eshleman v. Bolenius, Pennsylvania Court of Common Pleas, Lancaster County1891
- Time Sales Finance Corp. v. BoydSuperior Court of Pennsylvania · 1958