Stuart v. Stuart
Supreme Court of Pennsylvania
Appeal, No. 99, Jan. T., 1897, by plaintiff, from judgment of C. P. Cumberland Co., May T., 1896, No. 572k 011 verdict for defendants. Feigned issue to determine Avhether interest was due upon a mortgage. The facts appear by the opinion of the court below and of the Supreme Court.
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Appeal, No. 99, Jan. T., 1897, by plaintiff, from judgment of C. P. Cumberland Co., May T., 1896, No. 572k 011 verdict for defendants. Feigned issue to determine Avhether interest was due upon a mortgage. The facts appear by the opinion of the court below and of the Supreme Court. The jury rendered a verdict for plaintiff for $3,444 and also found specially as follows: “ Q. Was interest actually paid by Mr. Searight to his wife ? A. Yes, to date April 1, 1877. Q. Did he promise his wife that he would pay her interest ? A. No. “ The jury also agree that if the court shall be of the opinion…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
There was no agreement between the husband and wife that he should pay to her, or her trustee, interest on the mortgage. The jury found that he actually paid interest on it to April 1, 1877, but this finding was based on an inference from the testimony in regard to the receipts given by her and her declarations to the effect that she used her interest money to buy clothes for the family. The finding, however, was flatly opposed to the direct and positive testimony of the husband, his wife, and her trustee. The receipts did not actually represent payments of…
2Cases cited6 opinions
- Est. of WormleySupreme Court of Pennsylvania · 1890
- Estate of HauerSupreme Court of Pennsylvania · 1891
- Kittel's EstateSupreme Court of Pennsylvania · 1893
- Moore v. MooreSupreme Court of Pennsylvania · 1895
- Powell's AppealSupreme Court of Pennsylvania · 1881
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