First Trust Co. v. Philadelphia Pure Rye Whiskey Distilling Co.

Opinion by

Mr. Justice Drew,

This case was begun by scire facias sur mortgage on which judgment was entered for $300,000, the full amount of the mortgage, with interest. The defendant, Philadelphia Pure Rye Whiskey Distilling Company, then petitioned for rules to reduce and to open the judgment so entered on the ground that the obligation it was given to secure was in fact less than $6,000, and that the mortgage was executed without due authorization of the defendant, a limited partnership association.

Extensive depositions and testimony were taken. It appeared that the mortgage was made to John…