Wunderle v. Ellis
Supreme Court of Pennsylvania
Appeal, No. 12, Jan. T., 1905, by plaintiff, from decree of C. P. No. 4, Phila. Co., June T., 1904, No. 635, refusing a preliminary injunction in case of Philip Wunderle v. David M. Ellis. Bill in equity for an injunction and to compel the assignment of a mortgage. The bill averred: that plaintiff was tenant of premises 445-47 New Market street, Philadelphia, under a lease dated July 27, 1899, for a term not to exceed eleven years.
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Appeal, No. 12, Jan. T., 1905, by plaintiff, from decree of C. P. No. 4, Phila. Co., June T., 1904, No. 635, refusing a preliminary injunction in case of Philip Wunderle v. David M. Ellis. Bill in equity for an injunction and to compel the assignment of a mortgage. The bill averred: that plaintiff was tenant of premises 445-47 New Market street, Philadelphia, under a lease dated July 27, 1899, for a term not to exceed eleven years. That the owners of said premises (Trouts by name) had executed a mortgage on said premises, dated December 16, 1895, which had been assigned to defendant (Ellis)…
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
This is a perfectly clear case for the maintenance of the status quo until final hearing and unless the facts shall then be shown to be essentially different from what they now appear, it will be an equally clear case for payment and subrogation.
The whole right of the defendant as holder of the mortgage is to have his money paid him, and his whole claim on the land is to hold it as security for such payment. When he is offered his money his refusal to take it is persuasive evidence that he is not enforcing his legal rights in good faith but is seeking to…
2Cited by11 opinions
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- Hopkins Manufacturing Co. v. KettererSupreme Court of Pennsylvania · 1912
- Dollar Savings Bank v. DuffSupreme Court of Pennsylvania · 1920
- Ward v. McGuireSupreme Court of Georgia · 1957
- Kiedaisch v. Elkins Park National BankSupreme Court of Pennsylvania · 1936
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