271 Pa. 91 | Pa. | 1921
Opinion by
By assignment dated October 10, 1916, and duly recorded, plaintiff became owner of a mortgage on property located on Albanus Street, near Front Street, in the City of Philadelphia, dated July 12, 1915, given by Mor
Of the several questions raised by the assignments of error and discussed by counsel in their paper-books the only one included in the statement of questions involved and which, consequently, need be considered here, is whether the evidence is sufficient to sustain the conclusion that discharge of the mortgage was not intended. In support of the averment of payment defendants produced the original bond and mortgage, together with a check signed by “J. Willison Smith, Real Estate Officer” of the Land Title & Trust Company of Philadelphia, to the order of Helen Yan Bushkirk, for the sum of $3,-596.75, containing a notation that it was “Prim, Int. & Sat. Fee $3,500 Mtge. Front and Albanus St.” It is admitted the bond, mortgage and check were delivered to Mason & Edmonds, counsel for defendants, by the Land Title & Trust Company and although the check was dated September 27,1916, and the assignment October 10,1916, John H. Healy, representing the mortgagee and who ap
The judgment is affirmed.