Gring's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Berks county: Of January Term 1879, No. 224|-. Appeal of David IT. Gring from the decree of the court sustaining exceptions to the report of an auditor appointed to distribute the proceeds of a sale of the assigned estate of David Gring.
Read the full summary
Appeal from the Court of Common Pleas of Berks county: Of January Term 1879, No. 224|-. Appeal of David IT. Gring from the decree of the court sustaining exceptions to the report of an auditor appointed to distribute the proceeds of a sale of the assigned estate of David Gring. On April 26th 1873, a judgment was entered against David Gring and David H. Gring, on their joint and several note in favor of Henry Mull, for $1460. On September 6th 1875, a judgment was entered against John H. Gring, David Gring and David H. Gring in favor of Levi Gensemer, who assigned it to David Gensemer. On…
1Opinion of the CourtJustice Gordon
delivered the .opinion of the court, March 24th 1879.
We regard the conclusion at which the court below arrived as entirely correct. To all appearance, the two Grings were joint debtors in the Mull judgment, and that judgment appeared, from the records, to have been fully satisfied by the money made upon the Gensemer writ.
If indeed the appellant was surety, then he was entitled to have the judgment marked to his use ; but for all other purposes, it was in fact satisfied. As between himself and subsequent creditors, this was a matter of grace, and could not be so exercised as to produce results…
2Cases cited1 opinion
- Himes v. KellerSupreme Court of Pennsylvania · 1842
3Cited by5 opinions
- Smith v. Yellow Cab Co.Supreme Court of Pennsylvania · 1926
- South Phila. State Bank v. National Surety Co.Supreme Court of Pennsylvania · 1926
- Searight's EstateSupreme Court of Pennsylvania · 1894
- Coonrod v. KellyU.S. Circuit Court for the District of New Jersey · 1902
- Kirby v. CoolbaughSuperior Court of Pennsylvania · 1898