Legal Opinion

Ritter v. Thomasky

Superior Court of Pennsylvania

Decided December 12, 1918No. Appeal, No. 4PublishedCited by 4 opinions

Appeal, No. 4, March T., 1918, by plaintiff, from judgment of C. P. Columbia Co., Feb. T., 1915, No. 24, on verdict for defendant in case of James R. Ritter, assignee of L. C. Menscb, who was assignee of C. B. Noetling, v. Mary Ann Thomasky, Executrix of John Thomasky, deceased. Scire facias sur mortgage.

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Appeal, No. 4, March T., 1918, by plaintiff, from judgment of C. P. Columbia Co., Feb. T., 1915, No. 24, on verdict for defendant in case of James R. Ritter, assignee of L. C. Menscb, who was assignee of C. B. Noetling, v. Mary Ann Thomasky, Executrix of John Thomasky, deceased. Scire facias sur mortgage. Before Evans, P. J. The court charged in part as follows: [If you find as a fact that for the consideration of three thousand dollars named in the deed C. B. Noetling was not only to convey the farm, but in addition thereto was to make certain repairs to the buildings, viz: put new roofs on…

1Opinion of the Court

Opinion by

Kephart, J.,

It is a general rule of law that the assignee of a mortgage takes it subject to all the equities and set-offs existing between the original parties, and it is customary in such assignments to secure from the mortgagor a certificate of no defense. To bring a case within an exception to this general rule, viz: the assignee does not take it subject to equities or set-offs that arise from or grow out of an agreement or contract that is merely collateral to the mortgage, it must be made to appear that such agreement is in addition to the mortgage contract, and in no wise a…

2Cases cited1 opinion

  1. Jeffers v. Gill ex rel. LewisSupreme Court of Pennsylvania · 1879

3Cited by4 opinions

  1. McCune v. GrossSupreme Court of Pennsylvania · 1954
  2. Hickey v. SternSupreme Court of Pennsylvania · 1945
  3. Blumenfeld v. Weisberg, Pennsylvania Court of Common Pleas, Philadelphia County1946
  4. Kentner v. Society Maid Hosiery Mills, Inc., Pennsylvania Court of Common Pleas, Montgomery County1932

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