Robinson v. Loomis
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county. In the court below, this was a scire facias on a mortgage, in which Thomas D. Loomis for use of Fannie D. Gordon, was plaintiff, and William Robinson, Jr., defendant. The mortgage was. to Loomis, and dated October 1st 1860, to secure $21,000 in instalments,- half-yearly in unequal sums, “ without interest, to be reckoned on said sums till after they shall become due.”
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Error to the Court of Common Pleas of Allegheny county. In the court below, this was a scire facias on a mortgage, in which Thomas D. Loomis for use of Fannie D. Gordon, was plaintiff, and William Robinson, Jr., defendant. The mortgage was. to Loomis, and dated October 1st 1860, to secure $21,000 in instalments,- half-yearly in unequal sums, “ without interest, to be reckoned on said sums till after they shall become due.” The mortgage contains the following clause, viz., “ Provided, further, in case of default in the payment.of any instalment or instalments 'aforesaid at any time falling…
1Opinion of the Court
The opinion of the court was delivered, .by
Strong, J.
The amount of the debt, secured by the mortgage was $21,000. This sum was made payable in the first instance, by instalments falling due at different times, but without interest until they should become due. Then an alternative provision was introduced. It was that the mortgagee or his assigns might sue out a scire facias, and proceed at once for the whole amount remaining unpaid, with 5 per cent, attorney collection fees, w-ithout any further stay, whenever the mortgagor should be in default thirty days in the payment of any instalment or…
2Cited by6 opinions
- O'Maley v. PuglieseSupreme Court of Pennsylvania · 1922
- Lindley v. RossSupreme Court of Pennsylvania · 1890
- McCabe v. PattonCourt of Appeals for the Third Circuit · 1909
- Fox v. HelmuthSuperior Court of Pennsylvania · 1905
- Philadelphia Acceptance Corp. v. Krapf, Pennsylvania Court of Common Pleas, Bucks County1984
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