Riddle v. Thompson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Butler county: Of October Term 1883, No. 110. This was an action of assumpsit, by Samuel L. Riddle against Josiah M. Thompson, Solomon R. Thompson, Allen Wilson and John C. Martin. Allen Wilson was not served ; the other defendants pleaded non assumpsit, and special matter in affidavits filed.
Read the full summary
Error to the Court of Common Pleas of Butler county: Of October Term 1883, No. 110. This was an action of assumpsit, by Samuel L. Riddle against Josiah M. Thompson, Solomon R. Thompson, Allen Wilson and John C. Martin. Allen Wilson was not served ; the other defendants pleaded non assumpsit, and special matter in affidavits filed. On the trial, before Bredin, J., the facts appeared to be as follows: John M. Thompson was committee of H. P. Shealdey, an habitual drunkard, and had given bond for the faithful discharge of his duties as such committee, with the defendants and one Pickier as his…
1Opinion of the Court
*333The opinion of the court was delivered October 29th 1883.
2Per curiam
While there is a radical difference between the liability of a surety, and one who assumes a collateral obligation to guarantee the payment of the debt of another, yet the language of the agreement which shall constitute the one or the other has not always been clearly defined by the authorities. In the present case we think the language used made the defendants in error Sureties. They agreed the judgment should be paid at a time specified. On failure of the principal debtor to pay then, the obligation of the defendants in error to pay,…
3Cited by11 opinions
- Walter A. Wood Mowing & Reaping Co. v. FarnhamSupreme Court of Oklahoma · 1893
- Pittsburg Construction Co. v. West Side Belt RailroadSupreme Court of Pennsylvania · 1909
- Hartley Silk Manufacturing Co. v. BergSuperior Court of Pennsylvania · 1911
- Wurlitzer Company v. OliverDistrict Court, W.D. Pennsylvania · 1971
- Westinghouse Electric & Manufacturing Co. v. WilsonSuperior Court of Pennsylvania · 1916
6 more not listed; retrieve them via the Exa API.