Strohen v. Franklin Saving Fund & Loan Ass'n ex rel. McKinley
Supreme Court of Pennsylvania
Erroe to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1887, No. 69. This was a scire facias sur mortgage brought by authority of court in the name of The Franklin Saving Fund and Loan-. Association of Roxborough to the use of John S. McKinley, receiver of said association, against Michael Strohen. The defendant filed an affidavit of defence.
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Erroe to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1887, No. 69. This was a scire facias sur mortgage brought by authority of court in the name of The Franklin Saving Fund and Loan-. Association of Roxborough to the use of John S. McKinley, receiver of said association, against Michael Strohen. The defendant filed an affidavit of defence. A rule was granted to show cause- why judgment should not be entered for want of -a sufficient affidavit of defence. This rule was made absolute by the court and the damages were assessed to the full amount of the mortgage…
1Opinion of the CourtJustice Paxson
This was a scire facias upon a building association mortgage. The court below gave judgment for the full face of the mortgage. and interest, notwithstanding the affidavit of defence. In other words, the defendant was treated as if he were a defaulting stockholder, whereas it was the association that was in default. The former had become insolvent and was in the hands of a receiver. It was, therefore, unable to keep its contract with the defendant. If the defendant be now required to keep his contract with the company precisely as if no default or insolvency had occurred, it is clear to my…
2Cited by51 opinions
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- Knutson v. Northwestern Loan & Building Ass'nSupreme Court of Minnesota · 1897
- Post v. Building & Loan Ass'nTennessee Supreme Court · 1896
- York Trust, Real Estate & Deposit Co. v. GallatinSupreme Court of Pennsylvania · 1898
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