Medary v. Cathers
Supreme Court of Pennsylvania
Appeal, No. 435, Jan. T., 1893, by defendant, Sarab Ann Gathers, from judgment of G. P. Montgomery Co., Oct. T., 1891, No. 178, on verdict for plaintiff, Sarah C. Medary. Appeal from justice of peace. Assumpsit against surety for vent. Before Swartz, P. J. At the trial, it appeared that in February, 1890, plaintiff leased a farm to George W. Beans. Defendant became a surety for the tenant.
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Appeal, No. 435, Jan. T., 1893, by defendant, Sarab Ann Gathers, from judgment of G. P. Montgomery Co., Oct. T., 1891, No. 178, on verdict for plaintiff, Sarah C. Medary. Appeal from justice of peace. Assumpsit against surety for vent. Before Swartz, P. J. At the trial, it appeared that in February, 1890, plaintiff leased a farm to George W. Beans. Defendant became a surety for the tenant. Default having been made in payment of the rent and an attempt to collect it from the tenant having failed, suit was brought against the surety. Defendant objected to the admission of the lease in evidence,…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This case is of interest only to the parties to it. To the pro*91fessional mind it involves no question that was not supposed to have been finally set at rest. The defendant was sued on a contract of suretyship, and at the trial took advantage of every ground of defence that was open for her principal on the merits, and of every technical objection that could be interposed by a surety. In this she was given the fullest opportunity, and she succeeded only in showing what has been so well established by experience, that the position of a surety is not a desirable one…
2Cases cited4 opinions
- Corporation of Borough v. NeffSupreme Court of Pennsylvania · 1883
- Slemmer's AppealSupreme Court of Pennsylvania · 1868
- Reese v. ReeseSupreme Court of Pennsylvania · 1879
- Scranton City v. BarnesSupreme Court of Pennsylvania · 1892
3Cited by1 opinion
- Standard Underground Cable Co. v. Johnstown Telephone Co.Superior Court of Pennsylvania · 1904