Coleman v. Fobes
Supreme Court of Pennsylvania
Error to the Common Pleas of M’Kean county. This was an action brought originally before a justice of the peace in favor of John Fobes and Henry Bryan v. Horace Coleman and Soloman Sartwell, Jr. The summons was issued on 9th January, 1845. The suit was founded on a note as follows : $67.63. For value received we promise to pay Fobes & Bryan, or bearer, sixty-seven dollars and sixty-three cents by the first day of December, one thousand eight hundred and thirty-six, with…
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Error to the Common Pleas of M’Kean county. This was an action brought originally before a justice of the peace in favor of John Fobes and Henry Bryan v. Horace Coleman and Soloman Sartwell, Jr. The summons was issued on 9th January, 1845. The suit was founded on a note as follows : $67.63. For value received we promise to pay Fobes & Bryan, or bearer, sixty-seven dollars and sixty-three cents by the first day of December, one thousand eight hundred and thirty-six, with interest. June 3, 1835. Horace Coleman, S. Sartwell, Jr., surety. On the back of-said note were the words and figures…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrie, J.
Coleman and Sartwell (the latter as surety) gave their joint promissory note to Fobes, and within six years a small payment was made by Sartwell, and six years after the maturity of the note, suit is, brought, and the defendants rely on the statute of limitations. The Court below ruled that the payment of one removed the bar of the statute as to both. Is this right ? It is supported by Zent’s Executor v. Heart, 8 State Rep. 337, which is founded on English authorities; but which is certainly inconsistent with the principles applied in this…
2Cases cited1 opinion
- Estate of DavisSupreme Court of Pennsylvania · 1840
3Cited by3 opinions
- Foringer v. SissonSuperior Court of Pennsylvania · 1900
- Homewood Peoples Bank v. McCutcheonSupreme Court of Pennsylvania · 1920
- McCahan v. SmithSuperior Court of Pennsylvania · 1899