Little v. Thropp
Supreme Court of Pennsylvania
Appeal, No. 64, Jan. T., 1914, by plaintiff, from order of C. P. Huntingdon Co., Feb. T , 1913, No. 21, discharging rule for judgment for want of sufficient affidavit of defense in case of Henry C. Little and Charles B. Peabody, Trustees for the Bondholders of the Broad Top Coal & Iron Company, v. Joseph E. Thropp. Scire facias sur mortgage. Before Woods, P. J. The opinion of the Supreme Court states the case.
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Appeal, No. 64, Jan. T., 1914, by plaintiff, from order of C. P. Huntingdon Co., Feb. T , 1913, No. 21, discharging rule for judgment for want of sufficient affidavit of defense in case of Henry C. Little and Charles B. Peabody, Trustees for the Bondholders of the Broad Top Coal & Iron Company, v. Joseph E. Thropp. Scire facias sur mortgage. Before Woods, P. J. The opinion of the Supreme Court states the case. Error assigned was in discharging plaintiff’s motion for judgment for want of a sufficient affidavit of defense. The defendant having admitted that he voluntarily made a payment on…
1Opinion of the Court
Opinion by
Me. Justice Moschziskee,
The plaintiffs sued to recover the balance due upon a purchase money mortgage, and the defendant filed an affidavit of defense; the sufficiency of the latter was attacked on a rule for judgment, and this appeal is from an order refusing to make such rule absolute.
The scire facias states that the mortgage sued upon was dated November 10, 1907; that it was given by the defendant to the plaintiff, “as trustees for the bondholders of the Broad Top Coal & Iron Co.,” for the principal sum of $47,775; that, although the time for the payment of the principal had…
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