Gibbs v. Cannon
Supreme Court of Pennsylvania
IN EEH0E- Error to the District Court for the city and county of Philadelphia, in a suit brought by Daniel B. Cannon, the plaintiff below, against John Gibbs, in which a verdict and judgment were had for the plaintiff.
Read the full summary
IN EEH0E- Error to the District Court for the city and county of Philadelphia, in a suit brought by Daniel B. Cannon, the plaintiff below, against John Gibbs, in which a verdict and judgment were had for the plaintiff. It was an action on a guaranty by the defendant of a promissory note, drawn by John Y Bryant, in favour of Mordecai Y. Bryant, dated the 6th March, 1819, for 521 dollars and 33 cents, which became due on the 7th May, 1819. Demand had been made on the drawer, and due notice given to the indorser; but when the note was payable they were both insolvent. No notice was given to the…
1Opinion of the Court
The opinion of the court was delivered by
DüNCAn, J.
The bill of exceptions, on a point of evidence, has been abandoned by the plaintiff in error.
The remaining point is, the alleged error in the charge of the court.
The note, payment of which was guaranteed by the plaintiff in error, became due the 7th May, 1819; the action on this guaranty, was brought the 14th July, 1819. The action was the first notice *201be bad of the non-payment. Notice in due season had been given to the indorser. Whcn'the note became due, the drawer arid indorser were both insolvent.
The material question is, does a guarantor…
2Cases cited2 opinions
- King v. BaldwinNew York Court of Chancery · 1817
- Barton v. BakerSupreme Court of Pennsylvania · 1815
3Cited by11 opinions
- Farmers & Mechanics Bank v. KerchevalMichigan Supreme Court · 1853
- Harvey v. Turner & Co.Supreme Court of Pennsylvania · 1833
- Leech v. HillSupreme Court of Pennsylvania · 1835
- Overton v. TraceySupreme Court of Pennsylvania · 1826
- Beebe v. DudleySuperior Court of New Hampshire · 1853
6 more not listed; retrieve them via the Exa API.