Walter v. Dickson

Citations

• 175 Pa. 204
• 34 A. 646
• 1896 Pa. LEXIS 1236

Syllabus

<p>Mortgage — Attorney's commissions — Demand.</p> <p>It is not necessary for the holder of an overdue mortgage, in order to maintain a suit upon it, to make any preliminary demand for the payment of either the principal or interest, nor is it necessary to make such a demand in order to recover attorney’s commissions which are stipulated to be paid by the debtor: Warwick Iron Co. v. Morton, 148 Pa. 72, followed.</p> <p>Mortgage — Affidavit of defense — Attorney's commission.</p> <p>An affidavit of defense to a scire facias sur mortgage is insufficient to prevent judgment which avers that defendant had arranged to pay off the mortgage on a certain date; that about a week before that date, plaintiff’s agent had been notified and requested to be present at the settlement, and that the agent on the day preceding the proposed settlement issued the sci. fa., but does not aver that any tender had been made, or that plaintiff’s agent had agreed to wait until the day of the alleged settlement, or that he agreed to any delay whatever, or that there was any agreement of any kind in reference to the actual payment of the debt.</p>