Buck v. Henry
Superior Court of Pennsylvania
Appeal, No. 223, Oct. T., 1912, by defendants, from judgment of C. P. Huntingdon Co., Sept. T., 1911, No. 1, for plaintiff n. o. v. in case of J. Diller Buck v. Annie Henry et al. Scire facias sur mortgage. Before Woods, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $159.88. Subsequently the court entered judgment for plaintiff for the full amount of the mortgage. Defendants appealed.
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Appeal, No. 223, Oct. T., 1912, by defendants, from judgment of C. P. Huntingdon Co., Sept. T., 1911, No. 1, for plaintiff n. o. v. in case of J. Diller Buck v. Annie Henry et al. Scire facias sur mortgage. Before Woods, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $159.88. Subsequently the court entered judgment for plaintiff for the full amount of the mortgage. Defendants appealed. Error assigned was in entering judgment for plaintiff n. o. v. for the full amount of the mortgage.
1Opinion of the Court
Opinion by
Henderson, J.,
The defendants borrowed $700 from the plaintiff in March, 1899, and to secure the payment of the loan gave their mortgage payable three years after date. Templeton, an attorney at law, transacted the business. He prepared the papers and paid over the money to the defendants. Wilson Henry, one of the defendants, had applied to him for a loan and he having or obtaining the necessary amount from the plaintiff furnished the money. Interest was paid to Templeton each year on the loan and the plaintiff got this interest from Templeton. Up to this point there is no…
2Cases cited2 opinions
- Dalmas v. KembleSupreme Court of Pennsylvania · 1906
- Mynick v. BickingsSuperior Court of Pennsylvania · 1906
3Cited by4 opinions
- Williams v. CookSupreme Court of Pennsylvania · 1927
- Goll v. ZieglerSuperior Court of Pennsylvania · 1915
- McCoy v. GeorgeSuperior Court of Pennsylvania · 1942
- Orlovsky v. Atkinson, Pennsylvania Court of Common Pleas, Philadelphia County1931