Sloan v. Klein
Supreme Court of Pennsylvania
Appeal, No. 84, Oct. T., 1910, by plaintiff, from order of C. P. No. 1, Allegheny Co., June T., 1909, No. 1,006, discharging rule for judgment for want of a sufficient affidavit of defense in case of William L. Sloan v. Adolph Klein. Assumpsit to recover the amount of a mortgage. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 84, Oct. T., 1910, by plaintiff, from order of C. P. No. 1, Allegheny Co., June T., 1909, No. 1,006, discharging rule for judgment for want of a sufficient affidavit of defense in case of William L. Sloan v. Adolph Klein. Assumpsit to recover the amount of a mortgage. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Supreme Court. The court discharged the rule for judgment for want of a sufficient affidavit of defense. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of defense. The…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This is an appeal from the refusal of the court below to enter judgment for want of a sufficient affidavit of defense. Plaintiff averred that one Jacob Tannenbaum created two mortgages upon a certain property, one. for $7,000 and one for $3,000, and then sold the property subject to the mortgages, to the defendant, Adolph Klein; “both of which mortgages,” it was stated in the deed of conveyance, “the said Adolph Klein, by the acceptance of this deed assumes and agrees to pay, as part of the aforesaid consideration.” Afterwards Klein sold the property incumbered by…
2Cases cited8 opinions
- Dailey v. Potter CountySupreme Court of Pennsylvania · 1902
- Commonwealth v. KebortSupreme Court of Pennsylvania · 1905
- Gilbert's EstateSupreme Court of Pennsylvania · 1910
- State Line & Juniata Railroad Company's AppealSupreme Court of Pennsylvania · 1875
- Com. ex rel. Attorney General v. SamuelsSupreme Court of Pennsylvania · 1894
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3Cited by5 opinions
- Tritten's EstateSupreme Court of Pennsylvania · 1913
- Fidelity-Philadelphia Trust Co. v. Hale & Kilburn Corp.District Court, E.D. Pennsylvania · 1937
- Steinert v. GalassoSuperior Court of Pennsylvania · 1948
- Dietz v. Girard Craftsman's Club of Philadelphia, Pennsylvania Court of Common Pleas, Philadelphia County1927
- Supreme Pretzel Co. v. Superior-Supreme Pretzel Co., Pennsylvania Court of Common Pleas, Berks County1934