Patterson v. Hughes
Supreme Court of Pennsylvania
Appeal, No. 294, Jan. T., 1911, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1900, No. 408, on verdict for plaintiff in case of Robert E. Patterson to the use of Mary H. Elmer, Roberta Patterson and Frank E. Patterson v. Caroline A. Hughes. Scire facias sur mortgage. Before Fuller, J. The facts are stated in the opinion of the Supreme Court.
Read the full summary
Appeal, No. 294, Jan. T., 1911, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1900, No. 408, on verdict for plaintiff in case of Robert E. Patterson to the use of Mary H. Elmer, Roberta Patterson and Frank E. Patterson v. Caroline A. Hughes. Scire facias sur mortgage. Before Fuller, J. The facts are stated in the opinion of the Supreme Court. Verdict by direction of the court for $10,180 on which judgment was subsequently entered for $5,832.88. Defendant appealed. Errors assigned, were the rejection of Cyrus Houghton and the defendant as witnesses.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
In 1898 C. H. Hougbton was indebted to General Robert E. Patterson upon six mortgages in tbe aggregate sum of $37,000, with interest. In March of that year tbe defendant gave tbe mortgage in suit for $6,000 to General Patterson. Tbe defendant contended that this mortgage was given as collateral security for tbe debt covered by tbe six prior mortgages, while tbe plaintiffs contended that it was given in payment of tbe accrued interest on those mortgages. This action was brought in July, 1900, upon a praecipe averring default in tbe payment of interest. In…
2Cases cited3 opinions
- Espy v. AllisonSupreme Court of Pennsylvania · 1840
- Cake v. CakeSupreme Court of Pennsylvania · 1894
- Marshall v. Franklin Bank of WashingtonSupreme Court of Pennsylvania · 1855
3Cited by7 opinions
- Wright v. WilsonCourt of Appeals for the Third Circuit · 1946
- Bowman's EstateSupreme Court of Pennsylvania · 1930
- Warden v. ZanellaSuperior Court of Pennsylvania · 1980
- Volkwein v. Volkwein, Exr.Superior Court of Pennsylvania · 1941
- Berger v. Nagle, Pennsylvania Court of Common Pleas, Berks County1929
2 more not listed; retrieve them via the Exa API.