Garrett v. Gonter
Supreme Court of Pennsylvania
Error to tbe District Court of Philadelphia. This was a scire facias sur mortgage, brought in the court below, by George H. Garrett against Elizabeth Gonter. The writ recited a mortgage on property in Tenth street, Philadelphia, for $5000, dated August 1st 1854, given to the plaintiff by the defendant, by her agent, duly appointed by letter of attorney, dated May 23d 1854, acknowledged by the defendant, and regularly recorded.
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Error to tbe District Court of Philadelphia. This was a scire facias sur mortgage, brought in the court below, by George H. Garrett against Elizabeth Gonter. The writ recited a mortgage on property in Tenth street, Philadelphia, for $5000, dated August 1st 1854, given to the plaintiff by the defendant, by her agent, duly appointed by letter of attorney, dated May 23d 1854, acknowledged by the defendant, and regularly recorded. The pleas were “non est factum, payment with leave, &c.,” upon which issue was joined. The defence was, that the letter of attorney under which the mortgage was…
1Opinion of the Court
The opinion of the court was delivered, March 10th 1862, by
Strong, J.
This was a scire facias upon a mortgage alleged to have been executed for the defendant on the 1st August 1854, by George T. Devereux, who had previously been, by letter, duly appointed her attorney in fact. The power of attorney, dated May 23d 1854, was produced on the trial. It had been acknowledged and recorded, and it was large enough in its terms to authorize the execution and delivery of the mortgage. But the defendant insisted that she had never signed it; that in fact it was a forged instrument. To sustain her…
2Cited by8 opinions
- Bialek v. Pittsburgh Brewing Co.Supreme Court of Pennsylvania · 1968
- Steel v. SnyderSupreme Court of Pennsylvania · 1928
- National City Bank of Chicago v. WagnerCourt of Appeals for the Seventh Circuit · 1914
- Henry Christian Building & Loan Ass'n v. WaltonSupreme Court of Pennsylvania · 1897
- Kramer v. DinsmoreSupreme Court of Pennsylvania · 1893
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