Legal Opinion

Bank of Montgomery County's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1860PublishedCited by 10 opinions

Appeal from the District Court of Philadelphia. This was an appeal by the Bank of Montgomery County from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of S. E. Jacoby & Co. On the 18th of August 1854, S. E. Jacoby & Co. executed a mortgage upon the premises in. question, in favour of The Bank of Montgomery County, conditioned, upon its face, for the payment of $15,000, with interest, on the 1st day of April 1855. This…

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Appeal from the District Court of Philadelphia. This was an appeal by the Bank of Montgomery County from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of S. E. Jacoby & Co. On the 18th of August 1854, S. E. Jacoby & Co. executed a mortgage upon the premises in. question, in favour of The Bank of Montgomery County, conditioned, upon its face, for the payment of $15,000, with interest, on the 1st day of April 1855. This mortgage was recorded on the same day; and on it, was endorsed the following stipulation, signed by the cashier' of the bank:—…

1Opinion of the Court

The opinion of the court was delivered by

Read, J.

On the 18th August 1854, S. F. and G. W. Jacoby gave to The Bank of Montgomery County a mortgage for the sum of $30,000, conditioned for the payment of $15,000, with lawful interest thereon, on the first day of April 1855. Upon this mortgage, which was recorded on the 18th August 1854, was endorsed the following stipulation or agreement.

“This mortgage is given, as collateral security/to The Bank of Montgomery County, for all notes, bills of exchange, drafts, and all other obligations, discounted, or hereafter to be discounted, by the said bank…

2Cited by10 opinions

  1. Housing Mortgage Corp. v. Allied Construction, Inc.Supreme Court of Pennsylvania · 1953
  2. Moats v. Thompson, Exrs.Supreme Court of Pennsylvania · 1925
  3. Land Title & Trust Co. v. ShoemakerSupreme Court of Pennsylvania · 1917
  4. Davis v. CarlisleCourt of Appeals for the Eighth Circuit · 1905
  5. In re Clark Coal & Coke Co.District Court, M.D. Pennsylvania · 1909

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