Colvin v. Blymyer
Supreme Court of Pennsylvania
Error to the court of common pleas of bedford county. No. 30 July Term 1888, Sup. Ct.; court below, No. 403 September Term 1887, C. P. On August 24,1887, a scire facias sur mortgage was issued at tbe suit of William Colvin, assignee of John H. Brice, against John F. Blymyer. The plea was payment.
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Error to the court of common pleas of bedford county. No. 30 July Term 1888, Sup. Ct.; court below, No. 403 September Term 1887, C. P. On August 24,1887, a scire facias sur mortgage was issued at tbe suit of William Colvin, assignee of John H. Brice, against John F. Blymyer. The plea was payment. At the trial on February 18, 1888, the essential facts of the case were, that in September, 1879, a piece of real estate was to be sold in Bedford, and to enable him to buy it, John F. Blymyer arranged to borrow |5,000 from John H. Brice, to be secured by a mortgage upon the property when purchased.…
1Opinion of the Court
*585Opinion,
Mr. Justice Clark :
The judgment note of 22 September, 1879, for $5,000, upon which judgment was entered 24 December, 1879, embraced no usury. Fully $5,000 was loaned by Brice to Blymyer, and this was the consideration of the note. The $800 note given afterwards, ostensibly as a bonus, was doubtless a device to evade the law; payments on that note were applicable to the original debt. On the 23 December, 1879, $100 was paid on this note, and when the judgment was entered on the 24 December, 1879, for $5,000, but $4,900 was owing upon it; therefore, although the note embraced no usury,…
2Cases cited3 opinions
- Montague v. McDowellSupreme Court of Pennsylvania · 1882
- Campbell v. SloanSupreme Court of Pennsylvania · 1870
- Rutherford v. BoyerSupreme Court of Pennsylvania · 1877
3Cited by3 opinions
- Paterlini v. Memorial Hospital Ass'n of Monongahela CityCourt of Appeals for the Third Circuit · 1918
- Blymyer v. ColvinSupreme Court of Pennsylvania · 1889
- Tucker v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1915