McCoy v. Kane

Citations

• 19 Pa. Super. 187
• 1902 Pa. Super. LEXIS 59

Syllabus

<p>Equity — Equity pleading — Answer— Contract.</p> <p>If a plaintiff state an act, transaction or contract as the foundation of his equity, the defendant has a right to state the whole of such act, transaction or contract as in truth it was. Otherwise a plaintiff by giving only part of a contract, if the defendant must admit that part and cannot go on to describe truly all the parts of it, the grossest injustice might be done.</p> <p>On a bill in equity for a decree declaring plaintiff to be the owner of one third interest in a mortgage, it appeared that plaintiff, defendant and another person owned property which they sold at a profit of $4,500. They took a purchase money mortgage for $4,500 in the name of the defendant. It appeared that the defendant had advanced $1,500 towards the original purchase of the property. Defendant averred in his answer that the title was taken in his name to reimburse him for the $1,500 advanced by him, and to provide him with resources for procuring $3,000 then urgently required by the three parties in interest. This answer was not overcome by the proof. It appeared that defendant did not sell the mortgage but secured the money required by pledging it. This fact was made known to plaintiff before he filed his bill, and there was nothing to show that he objected. Between the filing of the bill and the filing of the answer, the mortgage was paid and the proceeds applied to repay the loan for which it had been pledged. Held, that the bill was properly dismissed.</p>