Stewart v. Behm
Supreme Court of Pennsylvania
ERROR to Lebanon county. The style of this action was, Alexander Stewa,rt against Christian Behm and Martin Swarr, administrators of Jacob Swarr deceased, who was jointly and severally bound with David Dasher, who signed and sealed the same in the name of Ringle & Dasher. The action was upon a joint and several* note under seal, signed Ringle & Dasher, who were principals, and Jacob Swarr, who was a surety.
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ERROR to Lebanon county. The style of this action was, Alexander Stewa,rt against Christian Behm and Martin Swarr, administrators of Jacob Swarr deceased, who was jointly and severally bound with David Dasher, who signed and sealed the same in the name of Ringle & Dasher. The action was upon a joint and several* note under seal, signed Ringle & Dasher, who were principals, and Jacob Swarr, who was a surety. The defendant pleaded payment with leave; and relied upon the facts that he was a surety, and that Ringle was not in law bound as it was the intention of the parties he should have been. .…
1Per curiam
The representatives of a deceased obligee are discharged at law, and consequently in equity, where the decedent was a surety, only when the obligation is a joint one ; and here they are sued severally. The remaining point is equaliy simple. In Barrington v. The Bank of Washington, 14 Serg. & Rawle 422, it was held, that to erase the name of a joint oblige® without the consent of his fellows, avoids the bond, because it increases the burthen of their individual responsibility when divided among each other. For the same reason a representation by the obligee that the bond would be executed by…
2Cases cited2 opinions
- Barrington v. Bank of WashingtonSupreme Court of Pennsylvania · 1826
- Miller v. HendersonSupreme Court of Pennsylvania · 1823
3Cited by2 opinions
- Roshing v. ChandlerSupreme Court of Pennsylvania · 1846
- Weare v. SawyerSupreme Court of New Hampshire · 1860