Coe v. Vogdes
Supreme Court of Pennsylvania
Certificate from Nisi Prius: No. 33, to January Term 1871. On the 29th of January 1870, Hannah E. Vogdes, devisee of John R. Vogdes, commenced an action of covenant against Benjamin Scott, Jr., and John E. Coe, on an agreement by defendants to be responsible for the performance by- Louisa F. Wyman of the stipulations in a lease to her from John R. Vogdes, dated November 15th 1865. Coe only was served.
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Certificate from Nisi Prius: No. 33, to January Term 1871. On the 29th of January 1870, Hannah E. Vogdes, devisee of John R. Vogdes, commenced an action of covenant against Benjamin Scott, Jr., and John E. Coe, on an agreement by defendants to be responsible for the performance by- Louisa F. Wyman of the stipulations in a lease to her from John R. Vogdes, dated November 15th 1865. Coe only was served. The lease was for a house for one year from November 15th 1865, at the annual rent of $1800, payable “ in monthly portions when due,” with the further stipulations:— “ That all the personal…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
The defendants, as sureties, made themselves responsible to J. R. Vogdes for the true and faithful performance of the terms of the lease on part of Mrs. L. E. Wyman. The lease, by its own terms, provided for its continuance from year to year, until legal notice was given for a removal. It is evident, therefore, that if a new year’s tenancy took place by Mrs. Wyman’s holding over without a notice of removal, the sureties became responsible for the rent by the very terms of their contract. Neither the affidavit nor the supplemental affidavit…
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