King v. Blackmore
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: No. 96, to October and November Term 1872. This was an action of debt by D. C. King against James Black-more, brought to December Term 1871. The affidavit of claim was for $150, one quarter’s rent, due on the 1st of October 1871, by William Lynn, under a lease between the plaintiff and Lynn, dated January 31st 1871, the defendant having become bound as bail absolute to pay the rent and perform the covenants stipulated…
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Error to the Court of Common Pleas of Allegheny county: No. 96, to October and November Term 1872. This was an action of debt by D. C. King against James Black-more, brought to December Term 1871. The affidavit of claim was for $150, one quarter’s rent, due on the 1st of October 1871, by William Lynn, under a lease between the plaintiff and Lynn, dated January 31st 1871, the defendant having become bound as bail absolute to pay the rent and perform the covenants stipulated for in case of Lynn’s default, and averring that Lynn had not paid the rent. The lease, which was filed with the…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
— This was an action in the court below, against the defendant as surety, upon a distinct, several and independent covenant, as bail absolute to pay the rent of William Lynn, a tenant, in consideration of the letting, and for a valuable consideration, it said also. The instant the rent fell due and was unpaid by Lynn, a cause of action arose against Blackmore, the surety. There cannot be a doubt that King could have sued the tenant for the rent, and brought an action also against the surety, and prosecuted both suits concurrently until he…
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