Batten v. Jurist (Northwestern Nat. Bank, Etc., Co.)
Supreme Court of Pennsylvania
The bank takes the position that it did all that it was required to do to protect its own rights by taking Mrs. Jurist’s statement as to the extent of the mortgage. We have already shown that this position is incorrect, and that the bank should have searched the record for the mortgage, and, having found it, should have made inquiry to determine the extent of the debt secured by the mortgage.
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The bank takes the position that it did all that it was required to do to protect its own rights by taking Mrs. Jurist’s statement as to the extent of the mortgage. We have already shown that this position is incorrect, and that the bank should have searched the record for the mortgage, and, having found it, should have made inquiry to determine the extent of the debt secured by the mortgage. The bank having failed to do so, this court must determine the rights of the bank just as if the bank had made such search and inquiry and had proceeded to complete the transaction regardless of what it…
1Opinion of the Court
Opinion by
Mr. Justice Maxey,
This ease involves the validity of a mortgage to secure future advances and its priority in lien as against a judgment creditor whose judgment attached after the advances were made. The mortgage was executed by Louise S. Jurist and her husband on June 7, 1917, and covered certain property in Philadelphia and Montgomery Counties. The mortgagee was Florentine S. Sutro. The initial obligation secured by the mortgage was a demand note for $5,000 with interest at 5%. The mortgage contained the following provision: “Whereas, the said party of the second part may…
2Cases cited18 opinions
- Freiberg, Kline & Co. v. MagaleTexas Supreme Court · 1888
- Ackerman v. . HunsickerNew York Court of Appeals · 1881
- Michigan Insurance v. BrownMichigan Supreme Court · 1863
- Witczinski v. EvermanMississippi Supreme Court · 1876
- Robinson v. . WilliamsNew York Court of Appeals · 1860
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3Cited by13 opinions
- Fox-Greenwald Sheet Metal Co., Inc. v. Markowitz Bros., Inc., Continental Casualty Co., Blake Construction Co., Inc., United States of AmericaCourt of Appeals for the D.C. Circuit · 1971
- Housing Mortgage Corp. v. Allied Construction, Inc.Supreme Court of Pennsylvania · 1953
- Priester v. MillemanSuperior Court of Pennsylvania · 1947
- Potter Title & Trust Co. v. Berkshire Life InsuranceSuperior Court of Pennsylvania · 1944
- Raisch v. MyersCalifornia Supreme Court · 1946
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