Frank v. McCrossin
Superior Court of Pennsylvania
Appeal, No. 210, Oct. T., 1906, by plaintiff, from order of C. P. No. 3, Phila. Co., March T., 1906, No. 1,462, discharging rule for judgment for want of a sufficient affidavit of defense in case of Philip Frank v. Thomas F. McCrossin. Assumpsit to recover amount of taxes paid by plaintiff. The opinion of the Superior Court states the case. Frror assigned was the order discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff filed a statement, in this action of assumpsit, which averred the following facts material to the question presented by this appeal: Charles C. Moore, on September 26, 1893, granted and demised the premises, No. 2101 Monmouth street, in the city of Philadelphia, to Albert Kirn, his heirs and assigns, reserving a yearly ground rent of $120. The deed contained covenants by Kirn, for himself, his heirs and assigns, to pay the yearly ground rent of $120, to pay all taxes thereafter to be assessed upon the land, as well as upon the ground rent charged by the deed…
2Cases cited7 opinions
- Hogg v. LongstrethSupreme Court of Pennsylvania · 1881
- Theobald v. SylvesterSuperior Court of Pennsylvania · 1905
- Republic Building & Loan Ass'n v. WebbSuperior Court of Pennsylvania · 1900
- Landreth v. McCaffreySuperior Court of Pennsylvania · 1901
- Franciscus v. ReigartSupreme Court of Pennsylvania · 1835
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bergdoll v. PittsSuperior Court of Pennsylvania · 1909
- Presbyterian Ministers' Fund v. FolzSuperior Court of Pennsylvania · 1909
- Frank v. NeillSuperior Court of Pennsylvania · 1910
- In re Glenside Bank & Trust Co, Pennsylvania Court of Common Pleas, Montgomery County1938