Legal Opinion

Walter v. Ginrich

Supreme Court of Pennsylvania

Decided May 15, 1834PublishedCited by 7 opinions

ERROR to the common pleas of Lebanon county. This was originally an action of debt on three joint and several bonds, in which the executors of John Walter were plaintiffs, and John Kuntz and Peter Ginrich were defendants, Kuntz being a principal debtor and Ginrich a surety. While the action was pending, Kuntz confessed a judgment, and soon after Ginrich died, and a scire facias issued to his executors to make them parties to the original action.

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ERROR to the common pleas of Lebanon county. This was originally an action of debt on three joint and several bonds, in which the executors of John Walter were plaintiffs, and John Kuntz and Peter Ginrich were defendants, Kuntz being a principal debtor and Ginrich a surety. While the action was pending, Kuntz confessed a judgment, and soon after Ginrich died, and a scire facias issued to his executors to make them parties to the original action. The executors defended upon the ground that the death of Ginrich discharged the assets of his estate from further liability; and the court (Blythe,…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

The holder of a joint and several bond may elect to bring a separate action against each obligor, or a joint action against all. If he proceeds by separate actions, the executor of a deceased defendant, as well as the survivor, continue liable. But if he joins all the parties, and one of them dies pending the suit, the remedy against the assets of the deceased is terminated, and the survivor alone is liable. 1 Chitty's Pl. 30, 38; Com. Dig. Action, K. 4; 5 Bac. Ab. Obligation, D. 4; 7 Bac. Ab. B.; Carth. 171 ; 2 Lev. 228; 7 Serg. & Rawle…

2Cases cited2 opinions

  1. Downey v. Farmers & Mechanics' BankSupreme Court of Pennsylvania · 1825
  2. Reed v. Garvins's executorsSupreme Court of Pennsylvania · 1821

3Cited by7 opinions

  1. United States v. PriceSupreme Court of the United States · 1850
  2. Miller v. ReedSupreme Court of Pennsylvania · 1856
  3. Dingman v. AmsinkSupreme Court of Pennsylvania · 1875
  4. Tryon v. MillerSupreme Court of Pennsylvania · 1835
  5. M'Divitt's v. M'DivittSupreme Court of Pennsylvania · 1835

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