Boltz v. Muehlhof
Superior Court of Pennsylvania
Appeal, No. 188, Oct. T., 1907, by defendant, from judgment of C. P. Schuylkill Co., May T., 1905, No. 138, on verdict for plaintiff in case of Percival K. Boltz and Francis W. Boyer, executors of the last will and testament of William K. Boltz, deceased, v. Catharine L. Muehlhof. Scire facias sur mortgage. Before Marr, J. At the trial, S. F. Muehlhof was called as a witness for the defendant.
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Appeal, No. 188, Oct. T., 1907, by defendant, from judgment of C. P. Schuylkill Co., May T., 1905, No. 138, on verdict for plaintiff in case of Percival K. Boltz and Francis W. Boyer, executors of the last will and testament of William K. Boltz, deceased, v. Catharine L. Muehlhof. Scire facias sur mortgage. Before Marr, J. At the trial, S. F. Muehlhof was called as a witness for the defendant. Mr. Smith: Before the witness is sworn, plaintiff wants to enter on the record an objection to the competency of the witness. Let the witness be sworn to make true answers. Witness sworn as requested.…
1Opinion of the Court
Opinion by
Rice, P. J.,
Charles F., Gustavus A. and Catharine L. Muehlhof gave to *378W. K. Boltz their joint promissory notes under seal, and Catharine L. delivered to him a mortgage upon her property, which shows upon its face that it was given as security for the payment of the notes. Boltz brought an action of assumpsit on the notes against the three makers, and also issued scire facias upon the mortgage. To the latter the mortgagor set up the defense, by plea and affidavit of defense, that the notes were given for part of the purchase price of certain property sold by Boltz to Charles and…
2Cases cited5 opinions
- Follansbee v. WalkerSupreme Court of Pennsylvania · 1873
- Pittsley v. KingSupreme Court of Pennsylvania · 1903
- Pattison v. CobbSupreme Court of Pennsylvania · 1905
- Swanzey v. ParkerSupreme Court of Pennsylvania · 1865
- Smith v. SillymanSupreme Court of Pennsylvania · 1838
3Cited by2 opinions
- Mintz v. Tri-County Natural Gas Co.Supreme Court of Pennsylvania · 1918
- Landis v. ShapleySuperior Court of Pennsylvania · 1922