Horstman v. Gerker
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was a seire facias on a mortgage, brought by Frederick Horstman, assignee of John P. Persch, who was assignee of A. C. Miller, against Henry Gerker.
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Error to the District Court of Philadelphia. This was a seire facias on a mortgage, brought by Frederick Horstman, assignee of John P. Persch, who was assignee of A. C. Miller, against Henry Gerker. The mortgage was made by Henry Gerker, in favour of August C. Miller, on the 15th of June 1861, to secure the payment of the sum of $6000, in five years from date, and afterwards, at the request of Mr. Gerker, assigned by Miller to John P. Persch, as collateral security for the payment of certain -promissory notes made by H. Gerker, Son & Co., then held by said Persch. Henry Gerker had been many…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
It has long been settled in Pennsylvania that a mortgage is but a security for the payment of money, or the performance of some act therein stipulated : Simpson v. Ammon, 1 Barr 175; Wentz v. Dehaven, 1 S. & R. 312; Schuylkill Co. v. Thoburn, 7 Id. 419; McCall v. Lennox, 9 Id. 304; Croft for use v. Webster, 1 Rawle 242, and is at most but a chose in action. Although it may be assigned so as to permit the assignee to sue in his own name, yet it is subject to the same equities and rules that govern in the assignment of other non-negoti-able…
2Cases cited1 opinion
- Wheeler v. HughesSupreme Court of the United States · 1776
3Cited by12 opinions
- Mahoney v. FurchesSupreme Court of Pennsylvania · 1983
- Kepler v. KeplerSupreme Court of Pennsylvania · 1938
- Hensel v. CahillSuperior Court of Pennsylvania · 1955
- Beth-June, Inc. v. Wil-Avon Merchandise Mart, Inc.Superior Court of Pennsylvania · 1967
- Foster v. CarsonSupreme Court of Pennsylvania · 1894
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