Legal Opinion

Lane ex rel. Williams v. Smith

Supreme Court of Pennsylvania

Decided October 1, 1883No. 282PublishedCited by 9 opinions

Error to the Court of Common Pleas of Bucks county : Of January Term, 1883, No. 282. _ • _ Debt, by Dennis Lane to the use of Anthony T. Williams against Charles Smith, on a bond in the penal sum of $2,200, conditioned for the payment of $1,100, given by Lane to Smith, and by him assigned for a valuable consideration to Williams. PÍea, payment, with leave, etc.

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Error to the Court of Common Pleas of Bucks county : Of January Term, 1883, No. 282. _ • _ Debt, by Dennis Lane to the use of Anthony T. Williams against Charles Smith, on a bond in the penal sum of $2,200, conditioned for the payment of $1,100, given by Lane to Smith, and by him assigned for a valuable consideration to Williams. PÍea, payment, with leave, etc. On the trial, before Watson, P. J., the plaintiff put in evidence the bond, with the assignment to him for value indorsed thereon, and rested. The defendant then offered to prove by himself and another witness “ that the bond in suit…

1Opinion of the CourtJustice Teunkey

Both parties to the bond testify that it was given for part of the purchase money of real estate in Trenton, New Jersey, and was secured by a mortgage on said real estate; that they agreed at and before the execution of the bond and mortgage that there should be no personal liability thereon, but be collectible out of said real estate only ; and that the obligor refused to buy the property and give the bond, except upon such agreement. The obligee assigned the mortgage and bond to Williams, who, having caused the mortgaged premises to be sold at sheriff’s sale, now seeks to recovera personal…

2Cases cited1 opinion

  1. Irwin v. ShoemakerSupreme Court of Pennsylvania · 1844

3Cited by9 opinions

  1. Allinger v. MelvinSupreme Court of Pennsylvania · 1934
  2. Volk v. ShoemakerSupreme Court of Pennsylvania · 1911
  3. Pennsylvania Co. for Insurances on Lives v. WallaceSupreme Court of Pennsylvania · 1943
  4. Myerstown Bank v. RoesslerSupreme Court of Pennsylvania · 1898
  5. Stokes v. DeweesSuperior Court of Pennsylvania · 1904

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