Myerstown Bank v. Roessler
Supreme Court of Pennsylvania
Appeal, No. 253, Jan. T., 1897, by plaintiff, from judgment of C. P. No. 3, Pliila. Co., Dec. T., 1895, No. 181, on verdict for defendant. Scire facias sur mortgage. Before McMichael, J. At the trial it appeared that the mortgage in-suit was given in July, 1891, by George B. Roessler to Samuel Urich. In August, 1893, Urich assigned the bond and mortgage to the plaintiff as collateral security for the payment of his promissory notes to the bank.
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Appeal, No. 253, Jan. T., 1897, by plaintiff, from judgment of C. P. No. 3, Pliila. Co., Dec. T., 1895, No. 181, on verdict for defendant. Scire facias sur mortgage. Before McMichael, J. At the trial it appeared that the mortgage in-suit was given in July, 1891, by George B. Roessler to Samuel Urich. In August, 1893, Urich assigned the bond and mortgage to the plaintiff as collateral security for the payment of his promissory notes to the bank. Subsequently and after the death of the mortgagor, the following letters passed: “ February 14th, 1895. “Mr. Samuel Urich, “Dear Sir: — -Nothing has…
1Opinion of the Court
Opinion by
Mr. Justice Gbeen,
The plaintiff’s witness, George H. Horst, cashier, testified on the trial that at the time the assignment of the Roessler mortgage to Urich was taken he did not ask the mortgagor whether he had any defense to the mortgage. He also testified that the bank had no Roessler notes when the assignment was taken, .and that they had none when the present action of scire facias on the mortgage was brought, and also that they held no such notes at the time of the trial. He also testified that Urich, the mortgagee, was indebted to the bank, on other notes, not given by…
2Cases cited7 opinions
- Phillips v. MeilySupreme Court of Pennsylvania · 1884
- Wilson v. OttSupreme Court of Pennsylvania · 1896
- Horstman v. GerkerSupreme Court of Pennsylvania · 1865
- Irwin v. ShoemakerSupreme Court of Pennsylvania · 1844
- Lane ex rel. Williams v. SmithSupreme Court of Pennsylvania · 1883
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3Cited by7 opinions
- Allinger v. MelvinSupreme Court of Pennsylvania · 1934
- Kepler v. KeplerSupreme Court of Pennsylvania · 1938
- Volk v. ShoemakerSupreme Court of Pennsylvania · 1911
- In re Wiener & Goodman Shoe Co.District Court, E.D. Pennsylvania · 1899
- Gordon v. Anthracite Trust Co.Superior Court of Pennsylvania · 1935
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