Boschert v. Brown
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: No. 62, to October and November Term 1872. This was an action of covenant brought to December Term 1870, by Martin Boschert against W. W. Brown and A. C. Taggart.
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Error to the Court of Common Pleas of Allegheny county: No. 62, to October and November Term 1872. This was an action of covenant brought to December Term 1870, by Martin Boschert against W. W. Brown and A. C. Taggart. On the 12th of October 1869, the plaintiff contracted with William Warner, that Warner should furnish materials and build a warehouse for him, according to drawings and specifications prepared by J. M. Ralph, an architect; the building to be finished “by the 1st day of April 1870.” Under the contract was written the following:— “ I, William W. Brown, of the city aforesaid,…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
— That the relation of principal and surety exists with all the equities to which the latter is entitled in full force, not only after the liability of both parties is fixed, but even after judgment against them, is well settled in this state. It will he sufficient to refer to the case of The Manufacturers’ and Mechanics’ Bank v. The Bank of Pennsylvania, 7 W. & S. 343, in which it was distinctly decided that the rule of general equity, recognised perhaps in England and elsewhere, that a judgment against the principal and surety…
2Cases cited2 opinions
- Manufacturers' & Mechanics' Bank v. Bank of PennsylvaniaSupreme Court of Pennsylvania · 1844
- Clippinger v. CrepsSupreme Court of Pennsylvania · 1833
3Cited by4 opinions
- Keystone Bank v. Flooring Specialists, Inc.Supreme Court of Pennsylvania · 1986
- Shaffstall v. McDanielSupreme Court of Pennsylvania · 1893
- Allegheny V. R. v. DickeySupreme Court of Pennsylvania · 1890
- First National Bank v. TustinSuperior Court of Pennsylvania · 1904