Campbell v. Baker
Supreme Court of Pennsylvania
Error to the Common Pleas of Venango county. This was an action of assumpsit, by Hugh Campbell against Henry Baker. The case was this: — On the 17th of December 1859, J. M. Orr gave to Henry Baker his judgment-note in the following form, viz.:— “$178.15. On the first day of May next I promise to pay Henry Baker, or order, $178.15, without defalcation, for value received; and I further do hereby empower any attorney of any court of record in the state of Pennsylvania to…
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Error to the Common Pleas of Venango county. This was an action of assumpsit, by Hugh Campbell against Henry Baker. The case was this: — On the 17th of December 1859, J. M. Orr gave to Henry Baker his judgment-note in the following form, viz.:— “$178.15. On the first day of May next I promise to pay Henry Baker, or order, $178.15, without defalcation, for value received; and I further do hereby empower any attorney of any court of record in the state of Pennsylvania to appear for me and confess judgment, after one or more declarations filed, with release of errors, &c. Witness my hand and…
1Opinion of the Court
The opinion of the court was delivered, January 4th 1864, by
Lowbje, C. J.
The court below was in error in treating this as a general guaranty. When a guaranty is general, that is, without having any of its terms fixed in the writing, the law adds the usual conditions that there shall be due and unsuccessful diligence used by the creditor to collect the claim from the principal, unless it appear that all diligence would be hopeless. But the law adds or implies no such condition when the parties have themselves fixed the terms of the contract.
They have done so in this instance. The guaranty is…
2Cases cited1 opinion
3Cited by13 opinions
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- First National Consumer Discount Co. v. McCrossanSuperior Court of Pennsylvania · 1984
- Hartley Silk Manufacturing Co. v. BergSuperior Court of Pennsylvania · 1911
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