Kurtz v. Campbell
Supreme Court of Pennsylvania
Appeal, No. 17, Oct. T., 1907, by plaintiffs, from judgment ,of Superior Court, April T., 1906, affirming judgment of C. P. Jefferson Co., Aug. T., 1904, No. 87, on case tried by the court without a jury in suit of T. M. Kurtz, S. Keltonik and G-. L. Glenn, Assignees of the Punxsutawney Mutual Building & Loan Association, v. Ira J. Campbell, S. K. Livingood and Rebecca M, Livingood, his wife. Appeal from Superior Court. See 31 Pa.
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Appeal, No. 17, Oct. T., 1907, by plaintiffs, from judgment ,of Superior Court, April T., 1906, affirming judgment of C. P. Jefferson Co., Aug. T., 1904, No. 87, on case tried by the court without a jury in suit of T. M. Kurtz, S. Keltonik and G-. L. Glenn, Assignees of the Punxsutawney Mutual Building & Loan Association, v. Ira J. Campbell, S. K. Livingood and Rebecca M, Livingood, his wife. Appeal from Superior Court. See 31 Pa. Superior Court, 516. The opinion of the Superior Court, Henderson," J., was as follows : At the time when the defendants executed their bond and mortgage to the…
1Opinion of the Court
Per Curiam,
This case is clearly within the rule of York Trust, etc., Co. v. Gallatin, 186 Pa. 150. The majority of the court are of opinion, that on principle that case was erroneously decided, but as it has stood in the books for nine years, and many contracts have been made in reliance on it, the principle of stare decisis should prevail, and the authority of that decision should not now be disturbed.
Judgment affirmed.
2Cases cited1 opinion
- York Trust, Real Estate & Deposit Co. v. GallatinSupreme Court of Pennsylvania · 1898
3Cited by13 opinions
- Orient Building & Loan Ass'n v. FreudSupreme Court of Pennsylvania · 1929
- Sullivan & Sons Manufacturing Co. v. Ideal Building & Loan Ass'nSupreme Court of Pennsylvania · 1933
- Black's EstateSupreme Court of Pennsylvania · 1941
- Consolid'd B. L. Assn. v. ShipleySuperior Court of Pennsylvania · 1928
- Crawford v. New Spartan Building & Loan Ass'nSuperior Court of Pennsylvania · 1933
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