BAILEY v. GIRARD BANK


334 Pa.Super. 563 (1984)

483 A.2d 881

V. Pinnock BAILEY, III, William Geppert and Joseph Geppert, Appellants v. GIRARD BANK and Alexander E. Wolfington and Wolfington-Chestnut Associates.

Supreme Court of Pennsylvania.

Filed October 26, 1984.


Attorney(s) appearing for the Case

Charles J. King, Jr., Norristown, for appellants.

Louis J. Sinatra, Blue Bell, for Girard BK, appellee.

Donald K. Joseph, Philadelphia, for Wolfington, appellees.

Before WIEAND, OLSZEWSKI and POPOVICH, JJ.


WIEAND, Judge:

May the holder of a second mortgage obtain injunctive relief which restrains an assignment of funds which the mortgagor is entitled to receive on grounds that the assignment will render the mortgagor-assignor unable to comply with the terms of the first mortgage and thereby impair the security of the second mortgage? The trial court sustained preliminary objections in the nature of a demurrer and entered judgment in favor of the mortgagor and its assignee...

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