Western Pennsylvania Hospital v. Mercantile Library Hall Co.
Supreme Court of Pennsylvania
Appeal, No. 15, Oct. T., 1898, by the Pittsburgh Library Association, from order of C. P. No. 3, Allegheny Co., Feb. T., 1898, No. 583, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit on a bond. Before Doty, P. J., of the 10th judicial district, specially presiding.
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Appeal, No. 15, Oct. T., 1898, by the Pittsburgh Library Association, from order of C. P. No. 3, Allegheny Co., Feb. T., 1898, No. 583, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit on a bond. Before Doty, P. J., of the 10th judicial district, specially presiding. The Pittsburgh Library Association intervened and filed an affidavit of defense, which was in substance as follows: 1. This action having been brought by an individual bondholder in its own right, could not be maintained for the reason that the contract between all the bondholders, as…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The plaintiff is the holder of one hundred §1,000 bonds, of the Mercantile Library Hall Company, secured by mortgage on *271real estate of the mortgagor in the city of Pittsburgh. They are part of the same bonds secured by the mortgage referred to in Union Trust Co. of Pittsburgh, Trustee, v. the Mercantile Library Hall Co. and the Pittsburgh Library Association, opinion handed down this day, ante, p. 263. The plaintiff here being the holder of the bonds brought assumpsit against defendant for the amount due upon them with interest. The Pittsburgh Library Association,…
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