Fountain v. Bigham
Supreme Court of Pennsylvania
Appeal, No. 61, Jan. T., 1911, by defendant from judgment of C. P. No. 5, Phila. Co., June T., 1906, No. 5361, on verdict for plaintiff in case of Nathaniel L. Fountain v. Margaret A. Bigham. Assumpsit on a bond. Before Martin, P. J. The facts are stated in the opinion of the Supreme Court. At the trial, plaintiff was asked this question: “Q. Was it because you got the bond for security for your money that you did not prosecute him for forgery?” Objected to.
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Appeal, No. 61, Jan. T., 1911, by defendant from judgment of C. P. No. 5, Phila. Co., June T., 1906, No. 5361, on verdict for plaintiff in case of Nathaniel L. Fountain v. Margaret A. Bigham. Assumpsit on a bond. Before Martin, P. J. The facts are stated in the opinion of the Supreme Court. At the trial, plaintiff was asked this question: “Q. Was it because you got the bond for security for your money that you did not prosecute him for forgery?” Objected to. Objection sustained. Exception. [1] “Q. In your negotiations with A. J. Dunn prior to the signing of this bond did you agree with him…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
Nathaniel L. Fountain, the plaintiff, and A. J. Dunn, a real estate broker, Avere jointly interested in real estate speculations in Philadelphia in 1903 and in 1904. To raise funds to carry on a proposed joint enterprise, Fountain, at the request of Dunn, executed a mortgage on his real estate, dated December 9, 1904, Avith the name of the mortgagee presumably in blank, and left it with Dunn with instructions not to place it without notice to Fountain. In violation of these instructions, Dunn, without Fountain’s , knowledge or consent, placed the mortgage and…
2Cases cited10 opinions
- Baker v. MortonSupreme Court of the United States · 1871
- Schultz v. CatlinWisconsin Supreme Court · 1891
- Snyder v. WilleyMichigan Supreme Court · 1876
- Fulton v. HoodSupreme Court of Pennsylvania · 1859
- Town of Sharon v. GagerSupreme Court of Connecticut · 1878
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3Cited by17 opinions
- Rubenstein v. RubensteinSupreme Court of New Jersey · 1956
- Smith v. LenchnerSuperior Court of Pennsylvania · 1964
- Konsuvo v. NetzkeNew Jersey Superior Court Appellate Division · 1966
- Irwin v. WeikelSupreme Court of Pennsylvania · 1925
- Falgiatore v. FalgiatoreSupreme Court of Pennsylvania · 1954
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