Werner Et Ux. v. Automobile Fin. Co.

Opinion by

Mr. Justice Parker,

Plaintiffs brought this action in assumpsit under Act of May 28,1715,1 Sm. L. 94, §10 (21 PS 682) to recover a penalty for failure to enter, within three months after notice, a satisfaction of a mortgage which they had given the defendant and which was alleged to have been paid. The cause was tried by a jury which rendered a verdict for $10,000, the full face of the mortgage. The court below granted a new trial on the ground that the verdict was excessive and certified that this was the sole reason for the order. The only question raised by appellants concerns the…