Koch v. Hinkle
Superior Court of Pennsylvania
Appeal, No. 231, Oct. T., 1906, by defendant, from judgment of C. P. Berks Co., Dec. T., 1902, No.. 44, on verdict for plaintiff in the case of Arlean Koch v. John A. Hinkle. Assumpsit by an assignee against an assignor of a mortgage to recover on an implied warranty of title.
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Appeal, No. 231, Oct. T., 1906, by defendant, from judgment of C. P. Berks Co., Dec. T., 1902, No.. 44, on verdict for plaintiff in the case of Arlean Koch v. John A. Hinkle. Assumpsit by an assignee against an assignor of a mortgage to recover on an implied warranty of title. Before Endlich, J. The court charged as follows: Early in the month of August, 1897, the plaintiff in this case, Arlean Koch, became the owner of a certain mortgage for $400 by virtue of an assignment executed by the former owner of that mortgage, the defendant in this case, in which assignment the plaintiff’s name…
1Opinion of the Court
Opinion by
Head, J.,
The plaintiff is the assignee of a mortgage, the title to which she acquired by a formal assignment in writing executed and delivered by the defendant. That she paid a full and valuable consideration therefor is not a matter in dispute. The defendant was one of two mortgagees, but purchased the one-half interest of his brother, the other mortgagee, and thus became, prior to the date of the assignment, the sole owner of the mortgage. At the time of' the assignment the mortgage, with the bonds secured thereby, was in the possession of the defendant, and this possession was…
2Cases cited7 opinions
- Hexter v. BastSupreme Court of Pennsylvania · 1889
- Simpson's v. BovardSupreme Court of Pennsylvania · 1874
- Charnley v. DullesSupreme Court of Pennsylvania · 1845
- Howie v. LewisSuperior Court of Pennsylvania · 1900
- Flynn v. AllenSupreme Court of Pennsylvania · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Berke v. BregmanSupreme Court of Pennsylvania · 1962
- Robinson v. Boynton Coal Co.Superior Court of Pennsylvania · 1914