Leggate v. Korn
Superior Court of Pennsylvania
Appeal, No. 54, April T., 1920, by defendant, from judgment of C. P. Allegheny County, April T., 1917, No. 2331, on verdict for plaintiff in the case of Annie Davis Leggate, for use of E. A. Seller, now for use of H. H. Hattman, v. Mary Korn. Scire facias sur mortgage. Before Reid, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $250 and judgment thereon. Defendant appealed.
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Appeal, No. 54, April T., 1920, by defendant, from judgment of C. P. Allegheny County, April T., 1917, No. 2331, on verdict for plaintiff in the case of Annie Davis Leggate, for use of E. A. Seller, now for use of H. H. Hattman, v. Mary Korn. Scire facias sur mortgage. Before Reid, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $250 and judgment thereon. Defendant appealed. Errors assigned were the charge of the court, answers to points and refusal of defendant’s motion for judgment non obstante veredicto.
1Opinion of the Court
Opinion by
Henderson, J.,
The mortgage on which the action was brought was given by the defendant to Mrs. Leggate. There is contradiction in the evidence as to whether it was given directly for a loan or as collateral security for the payment of three promissory notes of $100 each, delivered to Mrs. Leggate through her husband who was her at: *385torney in fact at the time the mortgage was given. The notes were signed by Henry W. Bennecamp, a son of Mrs. Korn, and made payable to the latter. She seems to have held them in trust for another son to whom the proceeds of the notes were payable. They…
2Cases cited3 opinions
- Campbell v. Foster Home Ass'nSupreme Court of Pennsylvania · 1894
- Mosier's AppealSupreme Court of Pennsylvania · 1868
- Webster AppealSupreme Court of Pennsylvania · 1878
3Cited by5 opinions
- Home Owners' Loan Corp. v. CrouseSuperior Court of Pennsylvania · 1942
- Weissman v. A. Weissman, Inc.Supreme Court of Pennsylvania · 1955
- Smith v. Smith, Jr.Superior Court of Pennsylvania · 1930
- Commonwealth v. MorseSusquehanna County Court of Quarter Sessions · 1926
- Cramer v. Equitable Gas Co., Pennsylvania Court of Common Pleas, Greene County1929