Livengood v. Hay

Citations

• 55 Pa. Super. 134
• 1913 Pa. Super. LEXIS 330

Syllabus

<p>Mortgage — Conveyance subject to mortgage — Agreement to assume lia~ bility — Defense to payment — Act of June 12,1878, P. L. 205.</p> <p>1. Where a woman takes title to real estate subject to a mortgage, and at the request of a bank, which held the mortgage and five notes which it secured, signs an agreement in writing to assume the payment of the mortgage and indorses a similar agreement on the accompanying five notes, and thereafter being pressed for payment of the notes, she requests another person to take them up for her immediate relief and such person thereafter suffers a loss because the proceeds of the real estate are not sufficient to pay the notes; the woman, in an action against her for the loss, cannot set up as a defense that she was induced by the bank to sign the assumption of liability on the promise, not communicated by her to the plaintiff, that she would not incur any personal liability thereby, but that the real estate would alone be answerable for the debt.</p> <p>2. One who has a defense perfectly good against one or more persons may be estopped to make such defense as against another who has been induced to act without any knowledge of the existence of such defense.</p>