Bowes v. Seeger
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia. Scire facias on a mortgage, in which Frederick Seeger and Franklin Comly, trustees of Louisa Maria Sommer, were plaintiffs, and John Bowes defendant, and a verdict and judgment were rendered for the plaintiffs.
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ERROR to the District Court for the city and county of Philadelphia. Scire facias on a mortgage, in which Frederick Seeger and Franklin Comly, trustees of Louisa Maria Sommer, were plaintiffs, and John Bowes defendant, and a verdict and judgment were rendered for the plaintiffs. The facts, so far as material, were these: On the 2d April 1832, John Bowes, the defendant, mortgaged a lot in Green street to Christian Bethausen as security for the payment of $1400 with interest in one year. On the 23d August 1832, Bethausen and wife, by indenture between himself of the one part,- and Frederick…
1Per curiam
Only one of the exceptions has been pressed, but it is a fatal one. Between the mortgagor and the mortgagee, the money was not a trust fund. It was an ordinary debt for the price, of the property, on which the mortgage stood as a security; and what mattered it to the mortgagor that the mortgagee assigned the mortgage in trust for a stranger? He could not change the nature of the original relation, or increase his debtor’s responsibility and risk on the score of mispayment. A purchaser from trustees, knowing that he must see to the application of the purchase money, knows what he has to…
2Cited by6 opinions
- Central Trust & Savings Co. v. WaltersSupreme Court of Pennsylvania · 1934
- Corn Exchange National Bank & Trust Co. v. JonesSuperior Court of Pennsylvania · 1933
- In re the Accounting of LuckenbachAppellate Division of the Supreme Court of the State of New York · 1951
- Louchheim v. Clawson Printing & Weighing Co.Superior Court of Pennsylvania · 1899
- Cooper v. Illinois Central RailroadAppellate Division of the Supreme Court of the State of New York · 1899
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