Union B. & L. Ass'n v. Hull
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OE COMMON PLEAS OE LANCASTER COUNTY. No. 312 January Term 1890, Sup. Ct.; court below, No. 64 October Term 1889, C. P. On October 5,1889, the Union Building and Loan Association brought assumpsit against F. W. Hull, filing a statement of claim averring breaches of a joint and several bond under seal for $500, dated October 11, 1883, executed and delivered by Henry W. Wenger and the defendant, and conditioned to secure the plaintiff against…
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APPEAL BY DEPENDANT PROM THE COURT OE COMMON PLEAS OE LANCASTER COUNTY. No. 312 January Term 1890, Sup. Ct.; court below, No. 64 October Term 1889, C. P. On October 5,1889, the Union Building and Loan Association brought assumpsit against F. W. Hull, filing a statement of claim averring breaches of a joint and several bond under seal for $500, dated October 11, 1883, executed and delivered by Henry W. Wenger and the defendant, and conditioned to secure the plaintiff against loss by reason of prior mechanics’ liens upon certain premises mortgaged by said Wenger to the plaintiff. On October 18,…
1Opinion of the Court
Peb C ubi am:
We think the affidavit was insufficient to prevent judgment. The association plaintiff had loaned one Henry W. Wenger certain moneys secured by mortgage upon the real estate of said Wenger. At the time of said loan the premises in question were liable to mechanics’ liens, the six months riot having expired; and, to protect the association from this risk, Wenger gave it the bond in suit, with the appellant as security. He sets up in his affidavit (a) want of consideration; and (V) that the money was advanced by the plaintiff to Wenger prior to the execution and delivery of the…
2Cited by1 opinion
- Hosler v. HurshSupreme Court of Pennsylvania · 1892