Economy Building Ass'n ex rel. Smyth v. Hungerbuehler
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1879, No. 173. Scire facias by the Economy Building Association, to the use of Denis Smyth, against Frederick Hungerbuehler, on a mortgage executed by defendant to plaintiff, to secure the payment o'f $2200 one year from date with interest payable monthly, with a proviso that if there should he any default in the payment of interest for the space of six months that then the whole debt should…
Read the full summary
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1879, No. 173. Scire facias by the Economy Building Association, to the use of Denis Smyth, against Frederick Hungerbuehler, on a mortgage executed by defendant to plaintiff, to secure the payment o'f $2200 one year from date with interest payable monthly, with a proviso that if there should he any default in the payment of interest for the space of six months that then the whole debt should become payable immediately. The writ was duly served on Hungerbuehler, and judgment was taken against him, for want of an…
1Opinion of the CourtJustice Gordon
Mathias Ruoss who, as terre-tenant, was permitted to defend in this case, was the second mortgagee of Hungerbuehler, the building association having the first mortgage. When Hungerbuehler executed this first mortgage, in amount $2200, he held eleven shares of the company’s stock, which he assigned to the association as collateral for the loan embraced by the mortgage. Upon this stock he had paid, in the way of monthly dues, some $803, and subsequently he seems to have met the instalments and interest as they fell due, except about $73, which Smyth paid after the stock fell into his hands. On…
2Cited by13 opinions
- Orient Building & Loan Ass'n v. FreudSupreme Court of Pennsylvania · 1929
- Erthal v. GlueckSuperior Court of Pennsylvania · 1899
- Sullivan & Sons Manufacturing Co. v. Ideal Building & Loan Ass'nSupreme Court of Pennsylvania · 1933
- Morris Resnick B. & L. Ass'n v. BarnesSuperior Court of Pennsylvania · 1932
- Green v. Second Allegheny Building Ass'nSupreme Court of Pennsylvania · 1933
8 more not listed; retrieve them via the Exa API.