Stoddard v. Thomas
Superior Court of Pennsylvania
Appeal, No. 247, October T., 1914, by plaintiffs, from judgment of C. P. Blair Co., March T., 1911, No. 181, for defendants on case tried by the court without a jury in suit of Josiah C. Stoddard and Douglass Stuart, Receivers of the Washington National Building and Loan Association, v. Charles M. Thomas and Nora B. Thomas.
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Appeal, No. 247, October T., 1914, by plaintiffs, from judgment of C. P. Blair Co., March T., 1911, No. 181, for defendants on case tried by the court without a jury in suit of Josiah C. Stoddard and Douglass Stuart, Receivers of the Washington National Building and Loan Association, v. Charles M. Thomas and Nora B. Thomas. Scire facias sur mortgage. •The case was tried by Baldrige, P. J., without a jury under the Act of April 22,1874. . The facts are stated in. the opinion of the Superior Court. Error assigned was in entering judgment for defendants. In accordance with the general law,…
1Opinion of the Court
Opinion by
Trexler, J.,
This is one of three appeals now before this court, the receivers of the Washington National Building and Loan Association of Washington, D. C., being plaintiffs in each case and substantially the same questions being involved in each appeal.
' There are two reasons in this case, either of which is sufficient to bar recovery. The first is that the contract is a District of Columbia contract and under the laws of said District is usurious. The amount for which the mortgage was given in this suit was $1,000. The defendants have already paid to the association the sum of…
2Cases cited6 opinions
- New York Life Insurance v. CravensSupreme Court of the United States · 1900
- National Mut. Building and Loan Assn. v. BrahanSupreme Court of the United States · 1904
- American Freehold Land & Mortgage Co. v. JeffersonMississippi Supreme Court · 1892
- Bennett v. Eastern Building & Loan Ass'nSupreme Court of Pennsylvania · 1896
- Healy v. Eastern Building & Loan Ass'nSuperior Court of Pennsylvania · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Graham v. Mt. Airy Building & Loan Ass'nSuperior Court of Pennsylvania · 1930
- Frank v. Equitable Credit & Discount Co., Pennsylvania Court of Common Pleas, Philadelphia County1942
- Graham v. Mt. Airy Building & Loan Ass'n, Pennsylvania Court of Common Pleas, Philadelphia County1930
- Stuart v. BarrySuperior Court of Pennsylvania · 1915