Tissue v. Hanna
Supreme Court of Pennsylvania
Appeal, No. 148, Oct. T., 1893, by defendant, John Hanna, from judgment of O. P. Somerset Co., May T., 1890, No. 117, on verdict for plaintiff, Harvey B. Tissue. Assumpsit on guaranty of judgment note. At tlie trial it appeared that on Jan. 7,1888, defendant, who was plaintiff’s guardian, made a settlement with his ward, by which he transferred to him among other securities a judgment note for $250, due May 26, 1887, made by Harrison Younkin, guaranteeing the payment of it.
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Appeal, No. 148, Oct. T., 1893, by defendant, John Hanna, from judgment of O. P. Somerset Co., May T., 1890, No. 117, on verdict for plaintiff, Harvey B. Tissue. Assumpsit on guaranty of judgment note. At tlie trial it appeared that on Jan. 7,1888, defendant, who was plaintiff’s guardian, made a settlement with his ward, by which he transferred to him among other securities a judgment note for $250, due May 26, 1887, made by Harrison Younkin, guaranteeing the payment of it. Plaintiff came of age three days before the settlement. Other facts appear by the opinion of the Supreme Court.…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The learned court below left to the jury the question whether due diligence was used by the plaintiff in endeavoring to collect the note in controversy from the maker. The note was past due for seven months when it was received from the defendant who guaranteed its payment at that time. There was an interval of four months within which the note could probably have been collected from the maker if judgment had been entered on it and execution issued. The maker was then engaged in business 'as a merchant, and had a considerable stock of goods out of which the money…
2Cases cited2 opinions
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