MATTLE GAY, AS ADMINISTRATRIX OF THE GOODS, CHATTELS AND CREDITS OF JOHN JOSEPH KRAUSE, DECEASED, AND ERVA LORRAINE HILL, WIDOW OF SAID DECEASED, PLAINTIFFS-APPELLANTS, AND ROYAL INDEMNITY COMPANY, INTERVENER-PLAINTIFF-APPELLANT,
v.
PENNSYLVANIA RAILROAD COMPANY, DEFENDANT-APPELLEE
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The court considered whether a mortgage foreclosure action was valid when the plaintiff purchased a non-negotiable note and mortgage after maturity, without a demand for payment having been made.
The court held that the foreclosure action could not be maintained because no demand for payment had been made on the non-negotiable note, which became payable on demand after its purchase by the plaintiff after maturity.
The plaintiff purchased a mortgage and note from the defendants after the note's maturity. The note was not a negotiable instrument, and the plaintiff…
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PER CURIAM.
Affirmed on the authority of Philadelphia & Reading Ry. Co. v. Dillon, 1 W.W.Harr. 247, 31 Del. 247, 114 A. 62, 15 A.L.R. 894, and Jones v. Pennsylvania R. Co., 5 Terry 486, 44 Del. 486, 61 A. 2d 691.