Heidrick v. Guaranty Safe Deposit & Trust Co.

Citations

• 243 Pa. 106
• 89 A. 831
• 1914 Pa. LEXIS 583

Syllabus

<p>Contracts — Stakeholders—Ownership of fund — Case for fury.</p> <p>In an action to recover a sum of money alleged to have been received by defendant to the use of plaintiff, it appeared that defendant had been plaintiff’s surety on a bond, and that plaintiff had mortgaged certain lands to defendant to indemnify it against loss. In order to facilitate the sale of certain bonds secured by a mortgage on the same land, plaintiff desired defendant to release said land from the first mortgage held by it, which defendant did upon payment to it of the sum of money in controversy. There was evidence that the money had been realized from the sale of bonds belonging to plaintiff. The defendant claimed the fund by assignment from a third person, who claimed to be the owner thereof. The court admitted evidence to show that the fund was the property of the plaintiff, and submitted the question of the ownership thereof to the jury who found a verdict for plaintiff, upon which judgment was subsequently entered. Held, no error.</p>