Hartranft v. Uhlinger
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term, 1887, No. 60. This was a scire facias sur mortgage brought by William P. Uhlinger against Samuel Hartranft who, after the bringing of' this suit, made an assignment for the benefit of his creditors to Frank A. Hartranft.
Read the full summary
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term, 1887, No. 60. This was a scire facias sur mortgage brought by William P. Uhlinger against Samuel Hartranft who, after the bringing of' this suit, made an assignment for the benefit of his creditors to Frank A. Hartranft. The mortgage was dated November 20th 1884, and was given to secure the payment of #10,000 in five years with interest payable half yearly, with a proviso that the whole should become due and pajutble in default of payment of any instalment of interest for thirty days. The plaintiff alleged…
1Opinion of the CourtJustice Gordon
The affidavit of defence, now before us, sets forth a clear case of usury. The mortgage of ten thousand dollars covered the price of the machinery in full; this is obvious enough from the fact, that had that amount of money been paid the next day after the completion of the contract it would have satisfied the entire claim. “ It being understood and agreed,' that upon the payment in cash of the said sum of ten thousand dollars at any time within the five years,'the payment of five cents-per bar*273rel shall cease and determine.” If then these five cents per barrel were to c.ontinue to be paid as…
2Cases cited2 opinions
- Earnest v. HoskinsSupreme Court of Pennsylvania · 1882
- Bosler's Administrators v. Exchange BankSupreme Court of Pennsylvania · 1846
3Cited by7 opinions
- Simpson v. Penn Discount Corp.Supreme Court of Pennsylvania · 1939
- Pollice v. National Tax Funding, L.P.Court of Appeals for the Third Circuit · 2000
- Curnutte v. HoustonCourt of Appeals of Texas · 1942
- Saunders v. ResnickSuperior Court of Pennsylvania · 1940
- Bank Loans, Pennsylvania Department of Justice1946
2 more not listed; retrieve them via the Exa API.