Cunningham v. McCready

Citations

• 219 Pa. 594
• 69 A. 82
• 1908 Pa. LEXIS 629

Syllabus

<p>Mortgage — Forfeiture clause — Signing paper without reading it.</p> <p>Where a mortgage in express terms provides that the whole principal debt shall become due in case of default in payment of interest for thirty , days, the mortgagor cannot without alleging fraud, accident or mistake, aver as a defense that the mortgagee had agreed not to demand payment of the principal for three years, and that he had signed the mortgage without knowing of the forfeiture clause contained in it.</p> <p>A mortgagor cannot claim to be relieved of a forfeiture for default in payment of interest -within the time specified in the mortgage, on the ground that he did not know to whom the interest should be paid, where it appears that he had paid the first installment of interest to a trust company, and had received a proper receipt therefor, and that he had drawn a check for the second installment to the same company, and had placed it in an envelope properly addressed, but that the same had not been mailed “through a misunderstanding or inadvertence.”</p> <p>Mortgage — Attorney’s commissions — Excessive commissions — Tender.</p> <p>Where an attorney for a mortgagee prepares an affidavit of claim, has it sworn to and issues a -writ of scire facias, and shortly thereafter a tender is made of $8,000, the principal of the mortgage, and interest thereon, and also $50.00 attorney’s fee, and the tender is refused and judgment is entered for the whole of the claim including five per cent attorney’s fee, the appellate court will modify the judgment by deducting from the amount of fee all above the sum of $50.00.</p>