Rittenhouse v. Lukens Steel Co.

Opinion by

Parker, J.,

This action in assumpsit was brought to recover the amount of forty-five coupons representing a semiannual installment of interest due on that same number of bonds secured by a corporation mortgage and comes to us on an appeal from an order of the court below discharging plaintiff’s rule for judgment for want of a sufficient affidavit of defense. The defense is that the plaintiff is precluded from an action at this time by certain provisions contained in the mortgage, and to this plaintiff replies that he is not bound by the conditions in the mortgage and that if he were,…