15 Pennsylvania opinions name it 3 courts 1832–2017 0 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hagans v. Constitution State Service Co.green2 sentences2007Co., 455 Pa.Super. 231 , 687 A.2d 1145, 1149 (1997) (“subrogation presupposes an actual payment and satisfaction of a debt or claim by the entity asking to be subrogated”). 2007Co., 455 Pa.Super. 231 , 687 A.2d 1145, 1149 (1997) (“subrogation presupposes an actual payment and satisfaction of a debt or claim by the entity asking to be subrogated”). | 3 | 3 |
Molitoris v. Woodsgreen2 sentences2001The Defendants Have Not Established That Resource Cannot Sustain its Equitable Subrogation Claim Pennsylvania law recognizes the doctrine of equitable subrogation and defines it as “the substitution of one entity in the place of another with reference to a lawful claim, demand, or right, so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies or securities.” Public Service Mutual Insurance Co. v. Kidder-Friedman, 743 A.2d 485, 488 (Pa. Super. 1999) (quoting Molitoris v. Woods, 422 Pa. Super. 1, 9 , 618 A.2d 985, 989 (1992)). 2001The Defendants Have Not Established That Resource Cannot Sustain its Equitable Subrogation Claim Pennsylvania law recognizes the doctrine of equitable subrogation and defines it as “the substitution of one entity in the place of another with reference to a lawful claim, demand, or right, so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies or securities.” Public Service Mutual Insurance Co. v. Kidder-Friedman, 743 A.2d 485, 488 (Pa. Super. 1999) (quoting Molitoris v. Woods, 422 Pa. Super. 1, 9 , 618 A.2d 985, 989 (1992)). | 2 | 2 |
Daley-Sand v. West American Insurancegreen2 sentences2005Co., 387 Pa.Super. 630 , 564 A.2d 965 (1989), Subrogation is an equitable principle.... [I]t presupposes an actual payment and satisfaction of the debt or claim at issue by the one who asks for the right to subrogate. 2005Co., 387 Pa.Super. 630 , 564 A.2d 965 (1989), Subrogation is an equitable principle.... [I]t presupposes an actual payment and satisfaction of the debt or claim at issue by the one who asks for the right to subrogate. | 1 | 2 |
Wells Fargo Bank, N.A. v. Monroegreen1 sentence2017Appellant also posits that “[i]t would be confusing, coercive, and wasteful to have a Debtor such as Appellant, [] place any focus on trying to preserve his other remaining assets by defending against a debt claim instead of trying to avoid foreclosure by refinancing or through some other means as happened in this case.” Id. at 26. “‘The purpose of an Act 91 notice is to instruct the mortgagor of different means he may use to resolve his arrearages in order to avoid foreclosure on his property and also gives him a timetable in which such means must be accomplished. 35 P.S. § 1680.403c.’” Wells | 1 | 1 |
High-Tech-Enterprises, Inc. v. General Accident Insurancegreen2 sentences2001This doctrine is “a means of placing the ultimate burden of a debt upon the one who in good conscience ought to pay it, and is generally applicable when one pays out of his own funds a debt or obligation that is primarily payable from the funds of another.” High-Tech-Enterprises Inc. v. General Accident Insurance Co., 430 Pa. Super. 605, 609 , 635 A.2d 639, 642 (1993). (citation omitted) Equitable subrogation will not be permitted until the creditor is fully paid. 2001This doctrine is “a means of placing the ultimate burden of a debt upon the one who in good conscience ought to pay it, and is generally applicable when one pays out of his own funds a debt or obligation that is primarily payable from the funds of another.” High-Tech-Enterprises Inc. v. General Accident Insurance Co., 430 Pa. Super. 605, 609 , 635 A.2d 639, 642 (1993). (citation omitted) Equitable subrogation will not be permitted until the creditor is fully paid. | 1 | 1 |
Public Service Mutual Insurance v. Kidder-Friedmangreen1 sentence2001The Defendants Have Not Established That Resource Cannot Sustain its Equitable Subrogation Claim Pennsylvania law recognizes the doctrine of equitable subrogation and defines it as “the substitution of one entity in the place of another with reference to a lawful claim, demand, or right, so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies or securities.” Public Service Mutual Insurance Co. v. Kidder-Friedman, 743 A.2d 485, 488 (Pa. Super. 1999) (quoting Molitoris v. Woods, 422 Pa. Super. 1, 9 , 618 A.2d 985, 989 (1992)). | 1 | 1 |
Stofflett v. Kressgreen2 sentences2001Stofflett v. Kress, 342 Pa. 332, 336 , 21 A.2d 31, 33 (1941) (“until [the superior creditor] is fully paid subrogation cannot be allowed on any terms whatever”); Hagans v. Constitution State Service Co., 455 Pa. Super, 231, 240, 687 A.2d 1145, 1149 (1997) (“subrogation presupposes an actual payment and satisfaction of a debt or claim by the entity asking to be subrogated”). 14 The LLOT defendants contend that, under the 1991 resolution agreement, Radnor had “no subrogation rights or interests in the second note or the third note unless [it] satisfied the entire” purchase price. 2001Stofflett v. Kress, 342 Pa. 332, 336 , 21 A.2d 31, 33 (1941) (“until [the superior creditor] is fully paid subrogation cannot be allowed on any terms whatever”); Hagans v. Constitution State Service Co., 455 Pa. Super, 231, 240, 687 A.2d 1145, 1149 (1997) (“subrogation presupposes an actual payment and satisfaction of a debt or claim by the entity asking to be subrogated”). 14 The LLOT defendants contend that, under the 1991 resolution agreement, Radnor had “no subrogation rights or interests in the second note or the third note unless [it] satisfied the entire” purchase price. | 1 | 1 |
Young v. Couchegreen1 sentence1935See Young v. Couche, 52 Pa. Superior Ct. 592, p. 595 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wills v. Gibson
neutral
2 sentences1910It must be borne in mind, however, that judgments recovered upon mechanics’ and municipal liens, mortgages, recognizances in the orphans’ court, as to the lands of the principal cognizor, are not themselves liens as of the date of their entry, they simply give effect to the lien of the original debt, or the lien which they represent, respectively, as a means of enforcement and collection; therefore it is that the lien of a mechanic’s or municipal claim, when referred to in the various acts of assembly, even after judgment, is expressed as the lien of the debt or claim, and not of the judgment: 1906“It must be borne in mind, however, that judgments recovered upon mechanics’ and municipal liens, mortgages, recognizances in the orphans’ court, as to the lands of the principal cognizor, are not themselves liens as of the date of their entry, they simply give effect to the lien of the original debt, or lien which they represent, respectively, as a means of- enforcement and collection; therefore it is that the lien of mechanics’ or municipal claims, when referred to in the various acts of assembly, even after judgment, is expressed as the lien of the debt or claim and not of the judgment: ” H | 2 | 1906–1910 |
Haddington Methodist Episcopal Church v. City of Philadelphia
green
2 sentences1910It must be borne in mind, however, that judgments recovered upon mechanics’ and municipal liens, mortgages, recognizances in the orphans’ court, as to the lands of the principal cognizor, are not themselves liens as of the date of their entry, they simply give effect to the lien of the original debt, or the lien which they represent, respectively, as a means of enforcement and collection; therefore it is that the lien of a mechanic’s or municipal claim, when referred to in the various acts of assembly, even after judgment, is expressed as the lien of the debt or claim, and not of the judgment: 1906“It must be borne in mind, however, that judgments recovered upon mechanics’ and municipal liens, mortgages, recognizances in the orphans’ court, as to the lands of the principal cognizor, are not themselves liens as of the date of their entry, they simply give effect to the lien of the original debt, or lien which they represent, respectively, as a means of- enforcement and collection; therefore it is that the lien of mechanics’ or municipal claims, when referred to in the various acts of assembly, even after judgment, is expressed as the lien of the debt or claim and not of the judgment: ” H | 2 | 1906–1910 |
Helmbold v. Man
neutral
2 sentences1910It must be borne in mind, however, that judgments recovered upon mechanics’ and municipal liens, mortgages, recognizances in the orphans’ court, as to the lands of the principal cognizor, are not themselves liens as of the date of their entry, they simply give effect to the lien of the original debt, or the lien which they represent, respectively, as a means of enforcement and collection; therefore it is that the lien of a mechanic’s or municipal claim, when referred to in the various acts of assembly, even after judgment, is expressed as the lien of the debt or claim, and not of the judgment: 1906“It must be borne in mind, however, that judgments recovered upon mechanics’ and municipal liens, mortgages, recognizances in the orphans’ court, as to the lands of the principal cognizor, are not themselves liens as of the date of their entry, they simply give effect to the lien of the original debt, or lien which they represent, respectively, as a means of- enforcement and collection; therefore it is that the lien of mechanics’ or municipal claims, when referred to in the various acts of assembly, even after judgment, is expressed as the lien of the debt or claim and not of the judgment: ” H | 2 | 1906–1910 |
Beneficial Consumer Discount Co. v. Vukman
green
2 sentences2017Though not dispositive herein, in Beneficial Consumer Discount Co. v. Vukman, 621 Pa. 192 , 77 A.3d 547 (2013), the Pennsylvania Supreme Court held that the provision of a defective Act 91 notice does not deprive a court of subject matter jurisdiction, and in doing so reasoned as follows: [The a]ppellee's entire argument relies on her incorrect assumption that the Legislature has required the cause of action in foreclosure to include a mortgagee's compliance with Act 91's requirements. 2017Though not dispositive herein, in Beneficial Consumer Discount Co. v. Vukman, 621 Pa. 192 , 77 A.3d 547 (2013), the Pennsylvania Supreme Court held that the provision of a defective Act 91 notice does not deprive a court of subject matter jurisdiction, and in doing so reasoned as follows: [The a]ppellee's entire argument relies on her incorrect assumption that the Legislature has required the cause of action in foreclosure to include a mortgagee's compliance with Act 91's requirements. | 1 | 2017–2017 |
DEMMERY v. NUF INS. CO.
green
1 sentence1989Demmery v. National Union Fire Insurance Company, 210 Pa.Super 193, 232 A.2d 21 (1967). | 1 | 1989–1989 |
West Republic Mining Co. v. Jones & Laughlins
green
1 sentence1951A bona fide dispute over the performance of the contract and the, amount of the debt is not a bar to interest: West Republic Mining Company v. Jones & Laughlin, 108 Pa. 55 (1884); J. | 1 | 1951–1951 |
J. Purdy Cope Hotels Co. v. Fidelity-Phenix Fire Insurance
green
1 sentence1951Purdy Hotels Company v. Fidelity-Phenix Fire Insurance Co., 126 Pa. Superior Ct. 260 (1937); Brinton et vir v. Horn et ux., 58 D. & C. 524 (1947). | 1 | 1951–1951 |
Grenet's Estate
green
2 sentences1945Grenet’s Estate, 332 Pa. 111 , 2 A. 2d 707 . 1945Grenet’s Estate, 332 Pa. 111 , 2 A. 2d 707 . | 1 | 1945–1945 |
Tranter v. Alleghency County Co. Authority
green
1 sentence1935If so, then the recent decision of this court in Tranter v. Allegheny County Authority, 316 Pa. 65 , has met a premature death, for the facts of that case and the logical and necessary conclusions to be drawn from it, present a compelling legal analogy to the instant situation. | 1 | 1935–1935 |
Norwegian Street
neutral
1 sentence1910It must be borne in mind, however, that judgments recovered upon mechanics’ and municipal liens, mortgages, recognizances in the orphans’ court, as to the lands of the principal cognizor, are not themselves liens as of the date of their entry, they simply give effect to the lien of the original debt, or the lien which they represent, respectively, as a means of enforcement and collection; therefore it is that the lien of a mechanic’s or municipal claim, when referred to in the various acts of assembly, even after judgment, is expressed as the lien of the debt or claim, and not of the judgment: | 1 | 1910–1910 |
M'Ginn v. Holmes
neutral
1 sentence1835The terms of the assignment to Mr Craft, who is now the real plaintiff, do not appear; and if, as has been supposed, the claim was taken by him in payment of a precedent debt, which, according to M’Ginn v. Holmes, 2 Watts 121 , would leave him still liable' to the debt if the claim should prove worthless, it lay on the defendants to show it. | 1 | 1835–1835 |
Patton's administrators v. Ash
neutral
1 sentence1832Neither has the case of Patton v. Ash, 7 Serg. & Rawle, 116 , which has been referred to, and mentioned also by the counsel for the appellant ; or if it has, it is rather against him, for the court seem to insinuate that if it had been suggested there that the administrator, who was a party on the record to the suit, had committed a devastavit he would not have been a competent witness, although he had released all claims to any possible benefit which he might derive from a recovery in it. | 1 | 1832–1832 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.