Rhone v. Keystone Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 158, January T., 1915, by defendants, from judgment of C. P. Luzerne Co., October T., 1907, No; 1047, on verdict for plaintiffs, in case of Henrietta R. F. Baker, assigned to and now to the use of D. L. Rhone, trustee of W. D. Loomis, John A. Opp, and John A. Schmitt, and W. D. Lopmis, John A. Opp, Yiktoria Schmitt, executrix of the last will and testament of John A. Schmitt, deceased, v. The Keystone Coal Company, a corporation, defendant, Viktoria Schmitt, The…
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Appeal, No. 158, January T., 1915, by defendants, from judgment of C. P. Luzerne Co., October T., 1907, No; 1047, on verdict for plaintiffs, in case of Henrietta R. F. Baker, assigned to and now to the use of D. L. Rhone, trustee of W. D. Loomis, John A. Opp, and John A. Schmitt, and W. D. Lopmis, John A. Opp, Yiktoria Schmitt, executrix of the last will and testament of John A. Schmitt, deceased, v. The Keystone Coal Company, a corporation, defendant, Viktoria Schmitt, The Traders Coal Company, a corporation, and The Hillside Coal & Iron Company, Terre-tenants. . Scire facias sur mortgage.…
1Opinion of the Court
Opinion by
Mr. Justice Potter,. This proceeding was a scire facias sur mortgage. The Keystone Coal Company gave its mortgage to secure, a bond in the sum of $12,000, but by-payments the indebtedness was reduced to $8,000, prior to the date, when the writ of scire facias was issued. It appears from the record that the mortgage which bears date May 8, 1889, recites that it was given to secure the payment of a bond, payable not at a certain fixed date, but at such time as the board of directors should determine. The original bond and mortgage have been lost and could not be produced at the trial.…
2Cases cited7 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Taylor v. GouldSupreme Court of Pennsylvania · 1868
- State Hospital for the Insane v. Philadelphia CountySupreme Court of Pennsylvania · 1903
- Harrison v. AtleeSuperior Court of Pennsylvania · 1909
- Demarest v. McKeeSupreme Court of Pennsylvania · 1859
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3Cited by5 opinions
- Stucker v. ShumakerSupreme Court of Pennsylvania · 1927
- D'Orazio v. MasciantonioSupreme Court of Pennsylvania · 1942
- Diehl v. Council of Zion Evangelical Lutheran ChurchSuperior Court of Pennsylvania · 1947
- Deane v. Greenbaum, Pennsylvania Court of Common Pleas, Bucks County1951
- Snyder v. Nationwide Insurance, Pennsylvania Court of Common Pleas, Lancaster County1995