Sacchetti v. Sandt

Superior Court of Pennsylvania October 9, 1916

Sacchetti v. Sandt, 64 Pa. Super. 311 (1916)

1916 Pa. Super. LEXIS 295

Head, Henderson, Kephart, Orlady, Rice, Trexler

Opinion of the Court

Opinion by

Head, J.,

If the testimony of the plaintiff be accepted as true, he may well complain he was subjected to some harsh treatment by his creditor. There are many injuries of that character which cannot be redressed by a court ad*317ministering justice according to law. In our judgment the opinion filed by his honor, Judge Stewart, in support of the judgment entered for the defendant non obstante veredicto, furnishes sound legal grounds for the conclusion he reached. It would serve no good purpose to attempt to state them in other or different language. For the reasons given in that opinion we conclude the judgment was properly entered.

Judgment affirmed.

Reference

Cited By: 1 case
Status: Published
Syllabus: Trespass—Malicious atuse of civil process—Extension of time on mortgage—Consideration—Entry of judgment—Execution. Where a mortgage provides that on default in payment of interest the whole principal shall become due, and the mortgagee at a time when interest has been unpaid promises without consideration to extend the time of payment of the mortgage for one year, provided that the interest should be paid, but subsequently the mortgagee enters up judgment on the bond, issues execution for the full amount of the mortgage, and the mortgagor pays to the sheriff the full amount claimed, the latter cannot thereafter maintain against the mortgagee an action of trespass for malicious abuse of civil process.