National S. F. & B. Ass'n v. Waters

Supreme Court of Pennsylvania
National S. F. & B. Ass'n v. Waters, 141 Pa. 498 (Pa. 1891)
21 A. 666; 1891 Pa. LEXIS 1091
Clark, Green, Paxson, Stehrett, Williams

National S. F. & B. Ass'n v. Waters

Opinion of the Court

Per Curiam: :

The court below was right in entering judgment for the office costs only, and excluding the attorneys’ commissions. The services of the latter were not needed for the collection of the *501money. Indeed, no object is apparent for issuing the scire facias upon the mortgage, except to create a plausible pretext for a charge of attorneys’ commissions. Under the statement furnished by the plaintiff company to tbe defendants, on August 80th, the latter were entitled, under any fair and reasonable construction thereof, to pay tbe money at any time on or before September 11th. The issuing of a scire facias between, those dates, so far as we can gather from the record, was unnecessary, as well as a breach of faitb. It certainly does not entitle the plaintiff to claim an attorneys’ commission.

Judgment affirmed.

Reference

Full Case Name
NATIONAL S. F. & B. ASS'N v. S. D. WATERS
Cited By
5 cases
Status
Published
Syllabus
(a) The terre-tenant of real estate subject to a mortgage, being informed that payment was demanded, requested a statement. On August 30th, a statement was rendered marked, “ Good until September 11th.” On September 6th, a scire facias was issued, and on September 11th, the terre-tenant paid the debt and interest, the costs to be adjusted in the pending suit: 1. Under a fair and reasonable construction of the statement, the terretenant had until September 11th to pay; and the issuance of the scire facias, prior thereto, being unnecessary as well as a breach of faith, the mortgagee was not entitled to recover attorneys’ commissions provided for in the mortgage on default of payment.*