1 Monag. 245
Decided November 5, 1888
Supreme Court of Pennsylvania · decided 1888-11-05
Error, No. 50, Oct. T. 1888, to O. P. No. 2, Allegheny Co., to review a judgment in favor of the plaintiff on a bond and mortgage in an action of debt, at Oct T. 1886, No. 449. This action was brought in October, 1886, by Hugo E. Boehme, executor of Agatha Benz, deceased, against Philip Schultz, on a bond accompanying a mortgage for $1,500. The affidavit of claim alleged that the bond was unlawfully in the possession of the defendant.
Decided 1888-11-05
¶1The question of evidence, which we have before us in this case, was properly determined in the court below. The question was ingeniously put, but it was clearly designed to draw out the fact, by a negative answer, that the bond had come into the defendant’s possession before the death of Agatha Bentz. Such being the case, the question was not allowable.
¶2The judgment is affirmed.