Du Bois Deposit Bank v. Kuntz
Supreme Court of Pennsylvania
Du Bois Deposit Bank v. Kuntz, 175 Pa. 432 (Pa. 1896)
34 A. 797; 1896 Pa. LEXIS 1268
Dean, Fell, McCollum, Mitchell, Sterrett
Du Bois Deposit Bank v. Kuntz
Opinion of the Court
In view of the practically undisputed evidence in support of the plaintiff’s claim, the learned trial judge was clearly right in withdrawing the case from the consideration of the jury and •directing them to render a verdict in favor of the bank for the .amount of the mortgage debt with interest from November 29, 1891. There is no question in the case that requires discussion. The assignments of error are both dismissed, and the judgment is affirmed.
Reference
- Full Case Name
- The Du Bois Deposit Bank, Assignee of Esther Maginnis, who was Assignee of Grier Brothers v. Emanuel Kuntz and Catharine Kuntz
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Mamed woman — Mortgage—Security for husband's debt. A married woman may execute a mortgage of her real estate to secure a debt of her husband. Fraudulent representations — Mortgage—Scire facias — Married woman. On a scire facias sur mortgage where one of the defendants, a married woman, testifies that she was induced to sign the mortgage by fraudulent representations made to her by a person who declared himself to be the agent of the mortgagee, and there is no other testimony in the case to show that such person was the agent of the mortgagee, or to connect the mortgagee in any way with the fraud, it is proper to direct the jury to find a verdict for the plaintiff.