Shaffer v. Clark
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Wayne county: Of January Term 1.878, No. 146. Scire facias to revive a judgment wherein Thomas Clark was plaintiff and Thales K. Varney and Joseph Shaffer defendants. The pleas were nul tiel-record, payment with leave, &c.
Read the full summary
Error to the Court of Common Pleas of Wayne county: Of January Term 1.878, No. 146. Scire facias to revive a judgment wherein Thomas Clark was plaintiff and Thales K. Varney and Joseph Shaffer defendants. The pleas were nul tiel-record, payment with leave, &c. The plea of nul tiel record was withdrawn and Shaffer filed a special plea averring, that he was surety for the defendant Varney on the note on which judgment was entered; that after the note became due he gave notice to plaintiff to collect the same of Varney, or he would no longer be bound as surety, and that plaintiff wholly…
1Opinion of the CourtJustice Mercur
*98This was an action of scire facias on a judgment. The judgment was entered on a judgment-note, signed by one Yarney and by Shaffer. The latter claimed that he signed as surety. He therefore requested the court to instruct the jury, “if Shaffer was a surety for Varney, and, after the debt became due, gave notice to plaintiff to collect it, and that if he failed to do so, he, Shaffer, would no longer be bound as surety, Shaffer would be discharged in law, if plaintiff neglected to collect the debt; and the burden of proof is on the plaintiff to show that it could not, by due diligence, have…
2Cited by6 opinions
- Arnd v. AylesworthSupreme Court of Iowa · 1909
- Dushane v. AllenSupreme Court of Pennsylvania · 1885
- Dushane v. AllenSupreme Court of Pennsylvania · 1885
- Dushane v. AllenSupreme Court of Pennsylvania · 1885
- Miners Bank v. Ingham, Pennsylvania Court of Common Pleas, Cumberland County1932
1 more not listed; retrieve them via the Exa API.