Stayton ex rel. Bryan v. Riddle
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Butler county'; Of October Term 1886, No. 123. This was a scire facias sur mortgage by E. K. Stayton to the use of W. W. Martin, now to the use of George S. Bryan, .against W. H. H. Riddle, Alexander Mitchell, J. C. Vanderlin and Margaret Vanderlin, his wife, terre tenants, who defended as to so much of the mortgage as was usurious.
Read the full summary
Error to the Court of Common Pleas of Butler county'; Of October Term 1886, No. 123. This was a scire facias sur mortgage by E. K. Stayton to the use of W. W. Martin, now to the use of George S. Bryan, .against W. H. H. Riddle, Alexander Mitchell, J. C. Vanderlin and Margaret Vanderlin, his wife, terre tenants, who defended as to so much of the mortgage as was usurious. The following ar.e the facts as they appeared on the trial before Hazen, J. Dr. Samuel Graham was the owner of several pieces of property in Butler and its vicinity, upon which he gave a mortgage to E. R. Stayton for $7,000,…
1Opinion of the CourtJustice Sterrett
Assuming the fact, impliedly found by the verdict, that, as between the parties to the mortgage, the debt secured thereby was tainted with usury to the extent of $1,050, it necessarily follows that the mortgagor had a right, under the provisions of the Act of May 28th, 1858, to retain and deduct that amount from the mortgage debt; but the right to do so was strictly personal, and could not be exercised by the terre tenants of the mortgaged premises. Since the passage of the Act above, referred to, it is not unlawful for a debtor to pay, or a creditor to receive more than six per cent,…
2Cited by13 opinions
- Weiner v. Bank of King of PrussiaDistrict Court, E.D. Pennsylvania · 1973
- Goodwin Gas Stove & Meter Co.'s AppealSupreme Court of Pennsylvania · 1888
- Old Colony Trust Co. v. Allentown & Bethlehem Rapid Transit Co.Supreme Court of Pennsylvania · 1899
- Osborn v. First National BankSupreme Court of Pennsylvania · 1896
- Philadelphia Warehouse Co. v. SeemanCourt of Appeals for the Second Circuit · 1925
8 more not listed; retrieve them via the Exa API.