Sergeant v. Martin
Pennsylvania Court of Common Pleas, Philadelphia County
No. 28 July Term 1889, Sup. Ct.; court below, No. 210 June Term 1888, C. P. No. 3. On May 21, 1888, J. Dickinson Sergeant and Henry S. Lowber, trustees under the will of Thomas Sergeant, deceased, brought scire facias against Charles Martin upon a mortgage for $2,500, dated February 7, 1887, executed by the defendant to the plaintiffs. The defendant pleaded payment, with leave, etc.
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No. 28 July Term 1889, Sup. Ct.; court below, No. 210 June Term 1888, C. P. No. 3. On May 21, 1888, J. Dickinson Sergeant and Henry S. Lowber, trustees under the will of Thomas Sergeant, deceased, brought scire facias against Charles Martin upon a mortgage for $2,500, dated February 7, 1887, executed by the defendant to the plaintiffs. The defendant pleaded payment, with leave, etc. At the trial on February 14, 1889, the following facts were shown: The defendant, Charles Martin, was the owner in 1886 of two adjoining houses and lots of ground in Philadelphia, Which were together subject to a…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett :
The learned president of the Common Pleas rightly refused to charge “ that under the evidence the verdict must be for the plaintiffs.” Indeed, he could not have done otherwise without ignoring the manifest bearing of their- own evidence, and all the circumstances of the transaction. The defendant never received a cent of the $2,500 loan, which the mortgage in suit was intended to secure. It was paid to John Ruhl, by check of one of the plaintiffs, to his order, before they ever saw the mortgage ; in fact, it was so paid sixteen days before the mortgage was even…
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