Star Loan Ass'n v. Moore
Superior Court of Delaware
Sci. Fa. Suit le Mortgage. The facts appear in the charge of the Court. The pleas were payment, set-off, statute of limitations, and accord and satisfaction.
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Sci. Fa. Suit le Mortgage. The facts appear in the charge of the Court. The pleas were payment, set-off, statute of limitations, and accord and satisfaction. Before the jury was called, Mr. Handy for plaintiff moved to strike out all the above pleas except payment, on the ground that in an action by seire facias such pleas were bad; contending that a scire facias goes to the question of whether execution shall issue, and that while null tiel record, payment or release could be pleaded in said action; set-off, statute of limitations, or accord and satisfaction could not be pleaded. Burton vs.…
1Opinion of the Court
Boyce, J.,
charging the jury:
Gentlemen of the jury:—This action was brought by the plaintiff, the Star Loan Association, a corporation of the State of Delaware, against the defendant, William A. Moore, upon a mortgage dated February 21, 1887, given by the defendant to the plaintiff, conditioned for the payment of the principal sum of one thousand dollars with lawful interest thereon from the tenth day of February, 1887.
At the time of the execution of said mortgage the defendant transferred to the plaintiff, as collateral security for the mortgage, five shares of the stock of the tenth series…
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- In Re Osteopathic Hospital Association of DelawareSupreme Court of Delaware · 1963
- Petrick v. B-K Dynamics, Inc.Court of Chancery of Delaware · 1971
- In re Osteopathic Hospital Ass'nCourt of Chancery of Delaware · 1963
- Pascall v. Fidelity Union Trust Co.New Jersey Court of Chancery · 1936
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