Church v. Moore
Supreme Court of Pennsylvania
Appeal from tbe Common Pleas of Philadelphia — in equity. April 17. The case, as it appeared upon the pleadings and evidence, was this. Samuel Curtis and several others having united to erect a church edifice, and needing money for the purpose, the association requested Curtis to borrow $1,000 from the Benezet Society, the 'association or church agreeing to pay the interest, and the principal when required.
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Appeal from tbe Common Pleas of Philadelphia — in equity. April 17. The case, as it appeared upon the pleadings and evidence, was this. Samuel Curtis and several others having united to erect a church edifice, and needing money for the purpose, the association requested Curtis to borrow $1,000 from the Benezet Society, the 'association or church agreeing to pay the interest, and the principal when required. Curtis borrowed the money, and gave his own bond and mortgage for it in 1820. Scott and two others, being members of the association, also gave Curtis their mortgage as an indemnity. In…
1Opinion of the CourtGibson, C. J.
The proofs show that the money for which this bill is filed, was borrowed by Curtis at the instance of the congregation, and for its use;' and that it was laid out by the building committee in the erection of its church. They further show that he mortgaged the property, which he devised to the complainants, as a security for the loan; and, that the congre*278gation, having kept down the interest- while he lived, suffered it to he sold at the end of a few years, for the • principal and unpaid interest, on a judgment obtained on the bond which accompanied the mortgage, and that being inadequate,…
2Cited by10 opinions
- Cook v. CarpenterSupreme Court of Pennsylvania · 1905
- Johnston v. PriceSupreme Court of Pennsylvania · 1896
- Wagner v. FehrSupreme Court of Pennsylvania · 1905
- Pratt v. WaterhouseSupreme Court of Pennsylvania · 1893
- Mortland v. MortlandSupreme Court of Pennsylvania · 1892
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