Legal Opinion

McCoy v. Kane

Superior Court of Pennsylvania

Decided January 21, 1902No. Appeal, No. 145Published

Appeal, No. 145, Oct. T., 1901, by plaintiff, from decree of C. P. Montgomery Co., Dec. T., 1899, No. 3, on bill in equity in case of Alexander McCoy v. Edward F. Kane. Bill in equity to declare title in plaintiff to an interest in a mortgage. Weand, J., filed the following opinion: HISTORY OF THE CASE.

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Appeal, No. 145, Oct. T., 1901, by plaintiff, from decree of C. P. Montgomery Co., Dec. T., 1899, No. 3, on bill in equity in case of Alexander McCoy v. Edward F. Kane. Bill in equity to declare title in plaintiff to an interest in a mortgage. Weand, J., filed the following opinion: HISTORY OF THE CASE. The bill alleges that on June 9,1898, plaintiff, with defendant and one Robert McCoy, purchased a property in Philadelphia for |4,500, subject to a ground rent of $7,500, each of said persons having an equal one-third interest title therein, title being taken in the name of plaintiff and…

1Opinion of the Court

Opinion by

Rige, P. J.,

The authorities cited by the appellant’s counsel show, that if a plaintiff state an act, transaction or contract as the foundation of his equity, the defendant has a right to state the whole of such act, transaction or contract as in truth it was. “ Otherwise a plaintiff by giving only part of a contract, if the defendant must admit that part and cannot go on to describe truly all the parts of it, the grossest injustice might be done:” Eaton’s Appeal, 66 Pa. 483. Thus where the answer to a bill filed to compel the delivery of securities alleged to be held by defendant as…

2Cases cited3 opinions

  1. Eaton's AppealSupreme Court of Pennsylvania · 1870
  2. Burke's AppealSupreme Court of Pennsylvania · 1882
  3. Schell v. DepervenSupreme Court of Pennsylvania · 1901

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