Moore v. Joyce
Supreme Court of Pennsylvania
Appeal, No. 168, July T., 1891, by defendant, Anna A. Joyce, from judgment of C. P. Schuylkill Co., July T., 1891, No. 168, oil verdict for plaintiff, Michael J. Moore. Assumpsit on warranty alleged to have been implied in an assignment of mortgage.
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Appeal, No. 168, July T., 1891, by defendant, Anna A. Joyce, from judgment of C. P. Schuylkill Co., July T., 1891, No. 168, oil verdict for plaintiff, Michael J. Moore. Assumpsit on warranty alleged to have been implied in an assignment of mortgage. Before Green, J. At the trial it appeared that, on July 30, 1887, defendant and T. J. Joyce, her husband, assigned to plaintiff a mortgage from Edward Dolan and wife to defendant for $700. The assignment was in the usual form without express warranty. The circumstances under which the mortgage was created and subsequently assigned are stated in…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The appellant is the wife of Thomas J. Joyce. She is sued alone upon an instrument executed by her husband and herself under the following circumstances: In 1886 her husband loaned seven hundred dollars of his own money to Annie and Edward Dolan, taking as security therefor their bond and mortgage payable in 1890, and made payable to Anna A. Joyce, his wife. She knew nothing whatever of the transaction. About one year later he negotiated a sale of the bond and mortgage to Moore, telling him that he was short of money and could not conduct his business as he…