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WEISSMAN v. WEISSMAN (03/13/56)

March 13, 1956

WEISSMAN
v.
WEISSMAN, APPELLANT.



Appeal, No. 80, Jan. T., 1956, from decree of Court of Common Pleas No. 3 of Philadelphia County, Dec. T., 1954, No. 2725, in case of Meyer M. Weissman v. Bertha Weissman. Decree affirmed.

COUNSEL

Robert H. Arronson, with him Herbert H. Hadra and Maurice Freedman, for appellant.

Nochem S. Winnet, with him Wesley H Caldwell and Fox, Rothschild, O'Brien & Frankel, for appellee.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey and Musmanno, JJ.

Author: Musmanno

[ 384 Pa. Page 481]

OPINION BY MR. JUSTICE MUSMANNO

This case has to do with an intra-family quarrel which contributes nothing to the dignity of home ties and as such would make depressing reading if all the details of the consanguineous controversy were to be related. This Court, however, is concerned only with the legal aspects of the dispute and shall refer to the litigants by name without designation of kinship.

On November 2, 1936, Abraham Weissman, president of the A. Weissman Building and Loan Association, assigned to Meyer Weissman, the plaintiff here, all his rights, title and interest in his shares of stock in the Association, making Meyer Weissman the sole shareholder of the Association. On that same day, Meyer Weissman surrendered all his shares of stock to

[ 384 Pa. Page 482]

    the Association; and the Association, by resolution of the Board of Directors, transferred to Meyer Weissman all assets of the Association, including the premises located at 928 1/2, 930, and 930 1/2 Alder Street, Philadelphia. The appeal before us has to do with these Alder Street properties.

Meyer Weissman, for reasons of his own, requested the Association to make out the deed to him in blank. This was done, and the deed, unrecorded, was kept with other personal records in the office of A. Weissman, Inc., at 607 West Girard Street, Philadelphia, where Meyer Weissman was employed. Twelve years later, in November, 1948, open war broke out between Meyer Weissman and Rose Weissman, custodian of the office which held Meyer Weissman's deed, and Meyer Weissman was driven from the office. Prior to this time, the rents and issues from the properties were collected by Meyer Weissman, but after the schism between these two, Rose Weissman took charge of the revenues.*fn*

Six years later, on September 17, 1954, the deed to the Alder Street properties turned up in the office of the Commissioner of Deeds of Philadelphia County, bearing the name of Bertha Weissman as grantee. Upon learning of this state of affairs, Meyer Weissman filed a Bill in Equity charging that Bertha Weissman, with the connivance of Rose Weissman and others, had fraudulently inserted her name into the deed as grantee. He accordingly prayed that Bertha Weissman at once be declared ...


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