Surviving Executors of Jones v. Mengel
Supreme Court of Pennsylvania
This was an action of debt brought by the plaintiffs in error in the court below, to August term, 1832, to recover the amount of four joint and several bonds, dated September 15th, 1814, conditioned for the payment of ¿£1200 each, with interest from the 1st of April, 1814, and payable 1st of April, 1816, 1817, 1818, and 1819, respectively, executed by John Mengel, Henry Mengel, and Francis Mengel, to John Jones and John Welsh, executors of John Evans, late of Lancaster…
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This was an action of debt brought by the plaintiffs in error in the court below, to August term, 1832, to recover the amount of four joint and several bonds, dated September 15th, 1814, conditioned for the payment of ¿£1200 each, with interest from the 1st of April, 1814, and payable 1st of April, 1816, 1817, 1818, and 1819, respectively, executed by John Mengel, Henry Mengel, and Francis Mengel, to John Jones and John Welsh, executors of John Evans, late of Lancaster county, deceased. The bonds were given by John Mengel, as principal debtor, with Henry Mengel and Francis Mengel as sureties,…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
This was an action of debt, to recover the amount of four joint and several bonds, given in part consideration of a tract of land; by John Mengel, who was principal, and Henry Mengel and Francis Mengel, sureties, to John Jones and John Welsh, executors of John Evans, deceased.
The cause was tried under the plea of payment, with leave to give the special matter in evidence. Under that plea, which is in the nature of a bill in equity, the defendant insists he is entitled to relief, because, as he contends, on the 17th day of June, 1816, in…
2Cases cited1 opinion
- Evans v. MengelSupreme Court of Pennsylvania · 1837