Hopkins Manufacturing Co. v. Ketterer
Supreme Court of Pennsylvania
Appeal, No. 186, Jan. T., 1912, by defendant, from decree of C. P. York Co., October T., 1909, No. 1, in equity granting subrogation in case of Hopkins Manufacturing Company y. Percival C. Ketterer. Bill to stay writ and compel the assignment of a mortgage. Before Wanner, P. J. The opinion of the Supreme Court states the case.
Read the full summary
Appeal, No. 186, Jan. T., 1912, by defendant, from decree of C. P. York Co., October T., 1909, No. 1, in equity granting subrogation in case of Hopkins Manufacturing Company y. Percival C. Ketterer. Bill to stay writ and compel the assignment of a mortgage. Before Wanner, P. J. The opinion of the Supreme Court states the case. Error assigned, among others, was the decree of the court. — An unconditional tender to the mortgagee in person is a necessary condition precedent to equity’s jurisdiction to decree subrogation: Kyner v. Kyner, 6 Watts, 221; Graff’s Est., 139 Pa. 69; Forest Oil Co.’s…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is a bill for subrogation, filed by the assignee of a lessee to compel the assignee óf a mortgagee to receive the debt and assign the mortgage which secures it. .
Charles P. Ketterer being the owner of certain real estate in the borough of Hanover, York county, gave a mortgage thereon, dated March 24, 1896, to the Hanover Savings Fund Society to secure the payment of ten thousand dollars in six months after date. On April 18, 1899, Ketterer leased the real estate to the Ketterer Manufacturing Company for ten years with the option of a second term of like…
2Cases cited4 opinions
- Hale v. . PattonNew York Court of Appeals · 1875
- Wunderle v. EllisSupreme Court of Pennsylvania · 1905
- Santee v. SanteeSupreme Court of Pennsylvania · 1870
- Lyon's AppealSupreme Court of Pennsylvania · 1869
3Cited by17 opinions
- United States F. & G. Co. v. BramwellOregon Supreme Court · 1923
- Sheaffer v. BaeringerSupreme Court of Pennsylvania · 1942
- Lietka v. HAMBERSKYSuperior Court of Pennsylvania · 1950
- Dollar Savings Bank v. DuffSupreme Court of Pennsylvania · 1920
- First National Bank v. SchunkSupreme Court of Minnesota · 1937
12 more not listed; retrieve them via the Exa API.