Legal Opinion

Building, Loan & Savings Ass'n v. Berlin

Superior Court of Pennsylvania

Decided November 19, 1900No. Appeal, No. 213Published

Appeal, No. 213, Oct. T., 1899, by-defendants, in suit of People’s Building, Loan and Savings Association against George T. Berlin and Sarab E. Berlin, from judgment of G. P. McKean Co., Feb. T., 1896, No. 193, in favor of plaintiff, in a case tried before the court without a jury. Opinion by W. W. Porter, J. Beaver, J., dissents. Sci. fa. sur mortgage. Before Morrison, J. ESSENTIAL FACTS STATED BY THE SUPERIOR COURT.

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Appeal, No. 213, Oct. T., 1899, by-defendants, in suit of People’s Building, Loan and Savings Association against George T. Berlin and Sarab E. Berlin, from judgment of G. P. McKean Co., Feb. T., 1896, No. 193, in favor of plaintiff, in a case tried before the court without a jury. Opinion by W. W. Porter, J. Beaver, J., dissents. Sci. fa. sur mortgage. Before Morrison, J. ESSENTIAL FACTS STATED BY THE SUPERIOR COURT. The facts essential to a consideration of the question now before us, taken from the findings of the court below, may be marshaled as follows : The plaintiff association is a…

1Opinion of the Court

Opinion by

William W. Porter, J.,

This is an action by scire facias upon a mortgage secured upon real estate upon land in the city of Bradford, in the state of Pennsylvania. It was given by the defendant to the plaintiff association, a corporation incorporated under the laws of the state of New York, located at Geneva, in the county of Ontario, in the state of New York. The defense set up is, that the plaintiff being a foreign corporation, has not complied with the provisions of the act of 1874, prohibiting the “ doing, of business ” by foreign corporations, until they shall have established an…

2Cases cited10 opinions

  1. Swing v. MunsonSupreme Court of Pennsylvania · 1899
  2. Lasher v. Stimson, Pennsylvania Court of Common Pleas, Philadelphia County1892
  3. Blakeslee Manufacturing Co. v. HiltonSuperior Court of Pennsylvania · 1897
  4. W. B. Mearshon & Co. v. Pottsville Lumber Co.Supreme Court of Pennsylvania · 1898
  5. Wolff Dryer Co. v. BiglerSupreme Court of Pennsylvania · 1899

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