Myerstown Bank v. Roessler

Citations

• 186 Pa. 431
• 40 A. 963
• 1898 Pa. LEXIS 1023

Syllabus

<p>Mortgage — Set-off—Notice—Assignment.</p> <p>The assignee of a mortgage, although allowed to sue in his own name, takes it subject to all the equities in favor of the mortgagor existing at the time of the assignment.</p> <p>Where a mortgage is given to secure the payment of certain promissory notes made by the mortgagor, which notes are renewed at- maturity, and before the renewal notes are paid the mortgage is assigned to a third per son to secure the mortgagee’s notes held by him, he cannot enforce the collection of the mortgagee’s notes by scire iludas on the mortgage.</p> <p>Mortgage — Assignment—Parol testimony — Evidence—Estoppel.</p> <p>On a scire facias sur mortgage by an assignee of a mortgage against the mortgagor, parol testimony is admissible to prove that the mortgage was to be held as security for certain promissory notes owing by the mortgagor to the mortgagee, and that the mortgagee was not to assign the mortgage to other persons.</p> <p>On a scire facias sur mortgage by an assignee of the mortgage against the mortgagor, where it appears that there was an agreement between the mortgagor and the mortgagee that the mortgage was to be security for certain promissory notes, and was not to be assigned, letters written by the executor of the mortgagor after the assignment to the assignee stating that nothing had been paid on account of the mortgage by the mortgagor, will not create au estoppel against the mortgagor’s estate.</p> <p>Evidence — Gross-examination—Discretion of trial court.</p> <p>The Supreme Court will not review the discretion of the trial court in excluding unimportant questions put to a witness on cross-examination.</p>