Steigerwald v. Philadelphia Brewing Co.

Citations

• 21 Pa. Super. 540
• 1902 Pa. Super. LEXIS 406

Syllabus

<p>Mortgage — Satisfaction—Refusal to satisfy — Act of May 28, Í715, 1 Sm. L. 94.</p> <p>Where a mortgagee enters judgment on a bond accompanying a mortgage and issues execution on the judgment before the maturity of the mortgaged debt, and the mortgagee pays all of the principal and interest of the mortgage debt, but refuses to pay the attorney’s commissions on the ground of the premature issuing of the execution, the mortgagee is not justified in refusing to satisfy the mortgage by calling his claim for commissions a disputed claim or a matter in controversy under the Act of May 28, 1715, 1 Sm. L. 94, which gives an action for damages for not satisfying a mortgage.</p>