American Brewing Co. v. Reinsburrow
Supreme Court of Pennsylvania
Appeal, No. 127, Jan. T., 1900, by defendant, from judgment of C. P. Warren Co., Dec. T., 1898, No. 6, on verdict for plaintiff in case of American Brewing Company v. Melissa Reinsburrow. Scire facias sur mortgage. Before Lindsay, P. J. The facts sufficiently appear by the opinion of the Supreme Court. Error assigned was in refusing defendant’s offer, as stated in the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
The case below was a scire facias upon a mortgage given by a married woman, Melissa Reinsburrow, to secure the debt of her husband to the appellee. Under binding instructions, the verdict was in favor of the plaintiff, and the single assignment of error relates to the refusal of the court to allow the appellant to avoid her mortgage on her own testimony, not only uncorroborated, but contradicted by that of the only witness heard on her behalf, that fraud and duress had been practiced upon her. Bennett, whose testimony, taken at a former trial, was offered by the…
2Cases cited1 opinion
- Oppenheimer v. WrightSupreme Court of Pennsylvania · 1884
3Cited by1 opinion
- Crain v. WarnerSuperior Court of Pennsylvania · 1926