Legal Opinion

Gault v. McGrath

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 1 opinion

Appeal in Equity from the Common Pleas of Philadelphia. This was a bill in equity by Henry W. Gault against Robert McGrath, Samuel McGrath, and Joseph Lindsay, for the redemption of a mortgage for $4675, given by Samuel McGrath, on the 19th August 1847, to Robert McGrath, and subsequently assigned to Joseph Lindsay the other defendant, on real estate then owned by the said Samuel McGrath, afterwards sold by the sheriff on executions against him, under junior encumbrances,…

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Appeal in Equity from the Common Pleas of Philadelphia. This was a bill in equity by Henry W. Gault against Robert McGrath, Samuel McGrath, and Joseph Lindsay, for the redemption of a mortgage for $4675, given by Samuel McGrath, on the 19th August 1847, to Robert McGrath, and subsequently assigned to Joseph Lindsay the other defendant, on real estate then owned by the said Samuel McGrath, afterwards sold by the sheriff on executions against him, under junior encumbrances, and purchased by the complainant. The bill averred that the mortgage in question was not given to secure a loan of money,…

1Opinion of the Court

*397The opinion of the court was delivered by

Read, J. —

Robert McGrath, without any apparent consideration, but from good-will, consented to lend his cousin, Samuel McGrath, not money, but his name; which seems to have been in good credit. This was effected by giving him his notes to the amount of $4675, in various sums, and at short dates. As it was intended to aid Samuel in his business,, it was necessary that the loan of his name should be continued; and this was to be effected by the issue of new notes, as the others fell due. The notes were given, to be used as Samuel thought proper; there…

2Cited by1 opinion

  1. Rosenblum v. LurieSuperior Court of Pennsylvania · 1937

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