Rabinowitz v. Silverman
Supreme Court of Pennsylvania
Appeal, No. 94, Oct. T., 1908, by defendants, from judgment of O. P. No. 1. Allegheny Co., June T., 1903, No. 361, on verdict for plaintiff in case of Louis L. Rabinowitz v. Tanhel Silverman et al. Scire facias sur mortgage.
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Appeal, No. 94, Oct. T., 1908, by defendants, from judgment of O. P. No. 1. Allegheny Co., June T., 1903, No. 361, on verdict for plaintiff in case of Louis L. Rabinowitz v. Tanhel Silverman et al. Scire facias sur mortgage. Before Ford, J. At the trial when the plaintiff was on the stand in rebuttal plaintiff’s counsel proposed to prove by the witness an admission made by Yictor Silverman, the son of defendant in this case, as to the indebtedness existing from Mr. Silverman to Mr. Rabinowitz, to wit: That on or about September 24, 1907, when the testimony of Mrs. Amy S. Barrimore was being…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This was a scire facias on a mortgage. The defense was that only a part of the consideration named in the mortgage had been received by the mortgagor, and that this had been repaid by him. At the trial the defendant’s son testified that he was present when the repayment of the money was made and that the mortgagee had promised to satisfy the mortgage the next day. In rebuttal testimony was received under objection that this witness after the date of the payment alleged had stated that he then knew that his father owed the whole amount of the mortgage. The witness…
2Cases cited2 opinions
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