Berger v. Berger
Superior Court of Pennsylvania
Appeal, No. 137, April T., 1910, by defendant, from decree of C. P. No. 2, Allegheny Co., April T., 1909, No. 154, on bill in equity in case of Carrie H. Berger, Administratrix of the Estate of Charles A. Berger, deceased, v. William Berger and Homewood Building & Loan Association. Bill in equity for a reassignment of stock of a building and loan association.
Read the full summary
Appeal, No. 137, April T., 1910, by defendant, from decree of C. P. No. 2, Allegheny Co., April T., 1909, No. 154, on bill in equity in case of Carrie H. Berger, Administratrix of the Estate of Charles A. Berger, deceased, v. William Berger and Homewood Building & Loan Association. Bill in equity for a reassignment of stock of a building and loan association. Haymaker, J., found the facts to be as follows: 1. We find that Charles A. Berger, the plaintiff’s intestate, in August, 1907, purchased a newspaper route for $2,600; that not having sufficient money to pay for the same, he applied to…
1Opinion of the Court
Opinion by
Henderson, J.,
If the finding of facts made by the court below can be sustained the decree was appropriately entered and we are not persuaded that the court was in error in this respect. The case does not depend on the uncorroborated evidence of the plaintiff for it is conceded that the assignment of the building and loan association stock was made in the first instance as collateral security for the payment of the loan of $2,400 obtained by the defendant *309for Charles A. Berger, and it is also admitted that this loan was paid in the lifetime of the decedent. In the absence of evidence…
2Cases cited6 opinions
- Bitner v. Boone, Pennsylvania Court of Common Pleas, Lancaster County1889
- Eaton's AppealSupreme Court of Pennsylvania · 1870
- Myers v. LittsSupreme Court of Pennsylvania · 1900
- Pusey v. WrightSupreme Court of Pennsylvania · 1858
- Perit v. PittfieldSupreme Court of Pennsylvania · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Tioga No. 2 Building Ass'n v. North Philadelphia Trust Co.Superior Court of Pennsylvania · 1936
- Lipshutz v. LipshutzSupreme Court of Pennsylvania · 1922