Reynolds v. Lowry
Supreme Court of Pennsylvania
Sept. 29. ' This case came up upon the.refusáL of the court'below to set aside an execution, on the-application; of the'defendants therein, who alleged that it had issued .irregularly.
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Sept. 29. ' This case came up upon the.refusáL of the court'below to set aside an execution, on the-application; of the'defendants therein, who alleged that it had issued .irregularly. The facts of the, casé w.ere these: Edward A. Reynolds, Morrow B.’Lowry, and Simeon D. Reynolds, were partners in business ’under the' firm of •Reynolds, Lowry,'& Co..; and Morrow B. Lowry, one of the partners, being' desirous of withdrawing from'the firm, an arrangement was made,'under -and- by-which it was agreed, that Edward A. Reynolds and Simeon D. Reynolds, the two'other partners, should pay the debts of…
1Opinion of the CourtCoulter, J.
Judgment is entered below against tbe plaintiffs in error, in favour .of defendant in error, on a bond, with warrant of attorney, &c. The bond is for the purpose of indemnifying the defendant in error, and contains a condition as follows: “ That the obligors shall well and sufficiently pay the several debts heretofore contracted, and now due, and owing by the late firm of Reynolds, Lowry & Co., and shall indemnify him against the same, and any and every part thereof, so that the said Lowry shall in no wise sustain loss, &c.” The bond also contains an agreement, that on failure of the obligor…
2Cases cited2 opinions
- Longstreth & Cook v. GraySupreme Court of Pennsylvania · 1832
- Schwartz v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1814
3Cited by2 opinions
- Kunkle v. ZaleskiSupreme Court of Pennsylvania · 1965
- Tallman v. MooreSuperior Court of Pennsylvania · 1929