Stoner v. Commonwealth
Supreme Court of Pennsylvania
Error to the Common Pleas of Dauphin county. This was a suit in the name of N. B. Eldred, President Judge of the Orphans’ Court of Dauphin county, for the use of Simon Lingle and Susanna his wife, now for the use of Thomas S. Lingle, vs. John Stoner, a co-recognizor with John Crall.
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Error to the Common Pleas of Dauphin county. This was a suit in the name of N. B. Eldred, President Judge of the Orphans’ Court of Dauphin county, for the use of Simon Lingle and Susanna his wife, now for the use of Thomas S. Lingle, vs. John Stoner, a co-recognizor with John Crall. It was a scire facias on a recognizance entered into in the Orphans’ Court of Dauphin county, by John Stoner, with John Crall as his bail, to Amos Ell-maker, President Judge, &c., on the 31 st October 1815, in the sum of $4500; conditioned to pay to the several heirs of John Stoner, deceased, one of whom was…
1Opinion of the Court
The opinion of the court was delivered June 30, by
Gibson, C. J.
The key of the case is that Simon Lingle; the husband of the recognizee, never was the owner of the money secured by the recognizance. The defendant’s payment of his debt to Montgomery’s executors could not be set off as money paid to his use in the character of a surety in the single bill, or pleaded in bar as payment of the recognizance in the character of a garnishee — as the -latter certainly not, for he was bound to contest every inch of the ground, and payment before judgment against him could be no defence to a suit on the…
2Cited by1 opinion
- Schempp ex rel. Oliver McClintock & Co. v. FrySupreme Court of Pennsylvania · 1895