Dunn v. Washington Building & Loan Ass'n
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Clearfield County. Scire facias sur mortgage, by the Washington Building and Loan Association against George Hager, defendant, and James Dunn, terre tenant. Upon the trial in the Court below, before Watson, P. J , the following facts appeared: George Hager, in 1872, was the owner of twelve shares in the stock of'the plaintiff association, and of certain real estate.
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Error to the Court of Common Pleas of Clearfield County. Scire facias sur mortgage, by the Washington Building and Loan Association against George Hager, defendant, and James Dunn, terre tenant. Upon the trial in the Court below, before Watson, P. J , the following facts appeared: George Hager, in 1872, was the owner of twelve shares in the stock of'the plaintiff association, and of certain real estate. He borrowed moneys from the association, and, as security for these loans, assigned his stock, and executed to the association three separate mortgages, one, dated March 7th, 1872, for $480;…
1Opinion of the Court
— Per Curiam :
Dunn ought to have seen that the mortgage was transferred according to his agree*113ment with Hager before he paid his ptirchase-money. All the association agreed to do was to satisfy their mortgage upon receiving a new one on the land exchanged. Even if there was an agreement by the association, it was without consideration. The payment of the interest due by Hager could form no such consideration. It was money which the association were entitled to receive, and whether paid by Hager, or by Dunn under the arrangement with him, made no difference to the association.
J udgment…
2Cited by3 opinions
- Erny v. SauerSupreme Court of Pennsylvania · 1912
- Harris v. MorgensenWashington Supreme Court · 1948
- Citizens' National Bank v. MarksSupreme Court of Pennsylvania · 1907