Scholtz v. Crescent Loan & Savings Ass'n

Citations

• 61 Pa. Super. 388
• 1915 Pa. Super. LEXIS 338

Syllabus

<p>Practice — Municipal Gourt of Philadelphia — Buie for judgment —Answer to new matter — Act of July 12, 1918, Section 12, Paragraph 2, P. L. 711.</p> <p>Where the plaintiff in an action in the Municipal Court of Philadelphia County moves for judgment for want of a sufficient affidavit of defense, and subsequently files an answer to defendant’s statement of new matter, the filing of the answer is not an abandonment of the rule for judgment. The Act of July 12, 1913, Section 12, Par. 2, P. L. 711, clearly shows that the fact that the case is at issue by the filing of the answer to new matter, does not prevent a motion for judgment for want of a sufficient affidavit of defense.</p> <p>Building and loan associations — Loan—Fraud—A'ffidavit of defense.</p> <p>In an action by a member of a building and loan association against the association to recover a portion of a loan which the association had agreed to make to the plaintiff on a mortgage, and which portion had been retained until certain conditions were performed, the defendant cannot set up as a defense misrepresentations made to it by the plaintiff who was its conveyancer as to the price which he was going to pay for the property on which the mortgage was given, if there is nothing to show that the price actually paid was not a proper one, or that the association had in any way been injured by the misstatement.</p>