Bredin v. Neal
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Cumberland county. It was an action by James Neal the defendant in error against James Bredin the plaintiff in error, founded on the following agreement or stipulation: Copy of the agreement or stipulation on which the suit is founded; “Philip Weaver & j Margaret Moor | Legacy under the will of David Smith, vs. )• deceased payable out of the land sold The Executors of | by Sheriff Neal to. James Bredin. David Smith.
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IN ERROR. Error to the Court of Common Pleas of Cumberland county. It was an action by James Neal the defendant in error against James Bredin the plaintiff in error, founded on the following agreement or stipulation: Copy of the agreement or stipulation on which the suit is founded; “Philip Weaver & j Margaret Moor | Legacy under the will of David Smith, vs. )• deceased payable out of the land sold The Executors of | by Sheriff Neal to. James Bredin. David Smith. J (21st February, 1825.) “Received of James Neal, sheriff, the sum of $453 08 on account of the above legacy, being the dividend…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The principles laid down by this court in the Cases, Frants v. Brown, 17 Serg. & Rawle, 287, and Frantz v. Brown 1 Penn. Rep. 257, rule and affirm the judgment of the court below in the case before the court. In the cases cited, which were actions of debt upon bonds at the suit of an assignee it was held to be a good defence, that the obligor, before he knew of the assignment and before the bonds became payable, had become bound as surety for the obligee in sums exceeding the amount of the bonds and had been compelled to pay them. The legacy…
2Cases cited1 opinion
- Frants ex rel. Stine v. BrownSupreme Court of Pennsylvania · 1828