Supreme Court of Pennsylvania, 1907

Young v. Malone

Young v. Malone
Supreme Court of Pennsylvania · Decided May 13, 1907 · Brown, Elkin, Fell, Potter, Stewart
218 Pa. 222; 67 A. 355; 1907 Pa. LEXIS 489

Young v. Malone

Opinion of the Court

Per Curiam,

The mortgage on which suit was brought was made to the plaintiff as guardian of minor children named in it and was payable when they became of age. The defense which it was attempted to set up was that the persons named as minors had become of age and that the right of action was in them. When the case was called for trial the defendants moved for a continuance on this ground. The overruling of the motion is assigned for error. The pleadings showed prima facie a right of action in the plaintiff and this right could not be questioned by a motion for a continuance. There is no merit in any of the assignments of error.

The judgment is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.