Kennedy v. Quigg
Superior Court of Pennsylvania
Appeal, No. 99, Oct. T., 1897, by defendants, from judgment of C. P. No. 1, Phila. Co., June T., 1896, No. 1347, on verdict for plaintiff. Sci. fa. sur mortgage. Motion for judgment non obstante veredicto.
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Appeal, No. 99, Oct. T., 1897, by defendants, from judgment of C. P. No. 1, Phila. Co., June T., 1896, No. 1347, on verdict for plaintiff. Sci. fa. sur mortgage. Motion for judgment non obstante veredicto. Motion for judgment non obstante veredicto was made on the following point reserved: “ The court instructs the jury to find a verdict for the plaintiff for $2,231.10, subject to the point reserved, whether or not, in view of the releases filed of record, a defense can be interposed to the $600 bonus ■ included in said verdict, the defendants having sold the properties covered by the…
1Opinion of the Court
Opinion by
Smith, J.,
A scire facias was issued on a mortgage which admittedly included the sum of $600, as a bonus. The defendants had conveyed the mortgaged property to John Meighan, and agreed to defend against the plaintiff’s claim to the extent of the usury; but whether the conveyance was before or after the institution of this suit does not appear. The defendants filed an affidavit Betting up the defense of usury, and upon this the issue- was joined. On the trial the plaintiff filed a written release of the defendants from all personal liability for the debt, and restricted the lien of…
2Cases cited3 opinions
- Smith v. WildmanSupreme Court of Pennsylvania · 1896
- Warwick Iron Co. v. MortonSupreme Court of Pennsylvania · 1892
- Walter v. DicksonSupreme Court of Pennsylvania · 1896
3Cited by1 opinion
- Moll v. LaffertySupreme Court of Pennsylvania · 1930