Hostetter v. Giffen
Supreme Court of Pennsylvania
Appeal, No. 36, Oct. T., 1920, by William A. Sloan, garnishee, from judgment of O. P. Allegheny Co., Jan. T., 1919, No. 1187, on verdict for plaintiff, in case of D. Herbert Hostetter, guardian for Theodore R. Hostetter, Jr., now for use of D. Herbert Hostetter, trustee for Theodore R. Hostetter, Jr., v. William W. Giffen and Samuel W. Gault, defendants, and William L. Sloan, garnishee. Attachment execution sur judgment entered on bond accompanying mortgage.
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Appeal, No. 36, Oct. T., 1920, by William A. Sloan, garnishee, from judgment of O. P. Allegheny Co., Jan. T., 1919, No. 1187, on verdict for plaintiff, in case of D. Herbert Hostetter, guardian for Theodore R. Hostetter, Jr., now for use of D. Herbert Hostetter, trustee for Theodore R. Hostetter, Jr., v. William W. Giffen and Samuel W. Gault, defendants, and William L. Sloan, garnishee. Attachment execution sur judgment entered on bond accompanying mortgage. Before Macfarlane, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $3,142.63. Wm. L. Sloan,…
1Opinion of the Court
Opinion by
Me. Justice Walling,
The defendants, William W. Giffen and Samuel W. Gault, were the joint owners of two apartment buildings in Pittsburgh, on which, in 1906, they gave plaintiff a $50,000 first mortgage, with accompanying bond. Thereafter, in 1912, they gave the garnishee, William L. Sloan, a second mortgage and bond for $10,000. They failed to keep up the interest on the mortgages, so that a foreclosure upon the first was imminent. To prevent this and assist Sloan, the defendants, on August 24, 1914, executed a written contract by which they assigned to him all leases from tenants…
2Cases cited11 opinions
- Ardesco Oil Co. v. North American Oil & Mining Co.Supreme Court of Pennsylvania · 1870
- O'Neil v. BurnettSupreme Court of Pennsylvania · 1919
- Tagg v. BowmanSupreme Court of Pennsylvania · 1882
- Tagg v. BowmanSupreme Court of Pennsylvania · 1885
- Reed v. Penrose'sSupreme Court of Pennsylvania · 1860
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3Cited by7 opinions
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- Loader Leasing Corp. v. KearnsDistrict Court, W.D. Pennsylvania · 1979
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