Von Mailath v. Order of Daughters of Divine Redeemer

GOURLEY, Chief Judge.

This is an action to recover $25,259 plus interest from a nonprofit charitable-Pennsylvania Corporation on an instrument executed in Budapest, Hungary, on October 9, 1939.

This matter relates to a motion for summary judgment. Rule 56(b), Rules of Civil Procedure, 28 U.S.C.A.

A motion for summary judgment should not be granted if there is an issue presented as to the existence of any material fact, Sarnoff v. Ciaglia, 3 Cir., 165 F.2d 167; and in considering such a motion, the court should take the view of the evidence most favorable to the party against whom it is directed,…