O'Maley v. Pugliese
Supreme Court of Pennsylvania
Appeal, No. 167, Oct. T., 1921, by plaintiff, from order of O. P. Allegheny Co., Oct. T., 1920, No. 483, making absolute rule to open judgment and from judgment on verdict for defendant, in case of James P. O’Maley, for use, etc., v. Sebastiano Pugliese. Issue to determine validity of a confessed judgment, after making absolute rule to show cause why judgment should not be opened. Before Reid, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 167, Oct. T., 1921, by plaintiff, from order of O. P. Allegheny Co., Oct. T., 1920, No. 483, making absolute rule to open judgment and from judgment on verdict for defendant, in case of James P. O’Maley, for use, etc., v. Sebastiano Pugliese. Issue to determine validity of a confessed judgment, after making absolute rule to show cause why judgment should not be opened. Before Reid, J. The opinion of the Supreme Court states the facts. Verdict and judgment for defendant: 69 Pitts. L. J. 549. Plaintiff; appealed. Errors assigned were (1) refusal of plaintiff’s motion for judgment n.…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
On October 3, 1919, James P. O’Maley conveyed certain real estate, situated on Boquet Street in Pittsburgh, to Sebastiano Pugliese and received in part payment a purchase-money bond and mortgage for $4,400, payable $50 a month, with certain provisions for payment of interest. On the same day, O’Maley entered the mortgage of record and, by endorsement on the margin thereof, assigned it to his brother, G. T. O’Maley, of Kansas City, Mo. The mortgagor paid the first eight monthly payments to the mortgagee, as they matured, in ignorance of the assignment, and…
2Cases cited12 opinions
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- English v. HagerSupreme Court of Pennsylvania · 1888
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