Bowman's Administrators v. Kistler
Supreme Court of Pennsylvania
Error to the Common Pleas of Oarhon county. This was an action of assumpsit by John S. Kistler against Jacob Bowman and Dennis Bowman, administrators of John D. Bowman, deceased, on a promissory note of which the following is a copy:— “ $1200. Tamaqua, May 10, 1850. “ One year after date, we promise to pay to John S. Kistler, twelve hundred dollars, with lawful interest from date, without defalcation, for value received. John Eynon, “ Witness — Josiah Bowman.
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Error to the Common Pleas of Oarhon county. This was an action of assumpsit by John S. Kistler against Jacob Bowman and Dennis Bowman, administrators of John D. Bowman, deceased, on a promissory note of which the following is a copy:— “ $1200. Tamaqua, May 10, 1850. “ One year after date, we promise to pay to John S. Kistler, twelve hundred dollars, with lawful interest from date, without defalcation, for value received. John Eynon, “ Witness — Josiah Bowman. John D. Bowman, Peter Bowman.” Endorsements: “ September 29, Rec’d. of Daniel Wannemacher for Peter Bowman, seventy-five dollars, int.…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
This action against the personal representatives of John D. Bowman, deceased, is founded on a promissory note, which he signed jointly with one John Eynon and Peter Bowman, to the plaintiff, for money loaned to Peter. The proof was, that the money was lent on the credit of John D. Bowman; and the jury have found that the other two drawers are insolvent. The creditor’s only chance of recovery, therefore, is against the estate of John D. Bowman, deceased; but as he was a surety, and only jointly bound with the others, it is insisted that, at…
2Cases cited1 opinion
- Stoner v. StromanSupreme Court of Pennsylvania · 1845
3Cited by3 opinions
- Commonwealth v. Tradesmen's Trust Co.Supreme Court of Pennsylvania · 1915
- Koenig v. Currans Restaurant Co.Supreme Court of Pennsylvania · 1932
- Estate of HughesSuperior Court of Pennsylvania · 1900