Pennsylvania Co. for Insurances on Lives v. Wallace

Opinion by

Mr. Chief Justice Maxey,

This is an appeal from the judgment of the court below in an action of assumpsit tried by a judge without a jury. The action was to recover from the defendants a deficiency judgment upon a bond given to secure a mortgage on real estate. The trial judge found that the bond “did not impose an unlimited personal and individual liability, but was a special agreement ... to look only to the trust property,” and, therefore, “the plaintiff is not entitled to recover from the defendant Wallower 1 the deficiency as claimed.” The Court below dismissed the plaintiff’s…