Kreiter v. Bomberger
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of May Term 1876, No. 82. This was an action of assumpsit, brought by J. M. Kreiter, against I. F. Bomberger, for contribution.
Read the full summary
Error to the Court of Common Pleas of Lancaster county: Of May Term 1876, No. 82. This was an action of assumpsit, brought by J. M. Kreiter, against I. F. Bomberger, for contribution. The note, the foundation of the suit, was in form as follows:— $2200. Litiz, January 26th 1871. Sixty days after date I promise to pay to the order of John S. Hostetter, Isaac Bomberger, Charles R. Kreiter and J. M. Kreiter, at “TheLitiz Deposit Bank,” twenty-two hundred dollars, without defalcation, for value received. C. W. Kreiter. Credit the drawer. , John S. Hostetter, Isaac E. Bomberger, Charles R.…
1Opinion of the CourtJustice Sharswood
The first assignment of error might be dismissed with the remark, that as the jury found for the plaintiff upon his claim for contribution on the note of which the defendant was a joint payee and endorser with him, it evidently did him no harm. Yet as the case must go back for another trial, it may be proper to say that upon the question of fact raised by the defence, that the plaintiff had agreed to look to the maker and not call upon his co-endorsers for contribution, his declarations as to his opinion of the maker’s means and ability to meet the note were relevant and admissible. It is…
2Cases cited2 opinions
- Smith v. EvansSupreme Court of Pennsylvania · 1813
- Galbraith v. GalbraithSupreme Court of Pennsylvania · 1837
3Cited by12 opinions
- Griswold v. GebbieSupreme Court of Pennsylvania · 1889
- Kimble v. WilsonSupreme Court of Pennsylvania · 1945
- Morris Brothers Lumber Company v. David E. Eakin, Frances B. Eakin, John L. Eakin, Jr., Also Known as Lester Eakin, and Mary Louise EakinCourt of Appeals for the Third Circuit · 1959
- Bizich v. Sears, Roebuck & Co.Supreme Court of Pennsylvania · 1958
- American Bank v. FelderSuperior Court of Pennsylvania · 1915
7 more not listed; retrieve them via the Exa API.