Columbia Baking & Manufacturing Co. v. Schissler
Superior Court of Pennsylvania
Appeal, No. 142, Oct. T., 1907, by-defendant, from judgment of 0. P. Schuylkill Co., March T., 1906, No. 16, on verdict for plaintiff in case of Columbia Baking & Manufacturing Company v. J. H. Schissler. Assumpsit on a contract of guaranty. Before Shay, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 142, Oct. T., 1907, by-defendant, from judgment of 0. P. Schuylkill Co., March T., 1906, No. 16, on verdict for plaintiff in case of Columbia Baking & Manufacturing Company v. J. H. Schissler. Assumpsit on a contract of guaranty. Before Shay, J. The facts are stated in the opinion of the Superior Court. Error assigned was in entering judgment on the verdict for plaintiff for $100. — The defendant “agrees to act as security in behalf of John Guensch” which is only an offer to become responsible for a credit which may or may not be given Guensch and the defendant should have been…
1Opinion of the Court
Opinion by
Morrison, J.,
In this action of assumpsit the single question, as stated by the learned court below, and counsel for appellant and for appellee, is whether the appellant became surety or guarantor for one John Guensch, by the following written instrument: “To whom it may concern, this is to certify that the undersigned faithfully agrees to act as security in behalf of John Guensch, of Tamaqua, Penna., who acts as agent for sale of product as manufactured by the Columbia Baiting and Manufacturing Company for the amount of one hundred dollars ($100.) said Mr. John Guensch to have…
2Cases cited13 opinions
- Acme Manufacturing Co. v. ReedSupreme Court of Pennsylvania · 1900
- Reigart v. WhiteSupreme Court of Pennsylvania · 1866
- Gardner v. LloydSupreme Court of Pennsylvania · 1885
- Riddle v. ThompsonSupreme Court of Pennsylvania · 1883
- Speers v. KnarrSuperior Court of Pennsylvania · 1897
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3Cited by1 opinion
- Hartley Silk Manufacturing Co. v. BergSuperior Court of Pennsylvania · 1911