Brubaker v. Okeson
Supreme Court of Pennsylvania
Error to the Common Pleas of Juniata county. This was an action of debt by John Brubaker, for the use of Robert C.. Gallagher, against William Sherlock (who was not served with process) and William Okeson, upon a joint and several single bill, of which the following is a copy:— “ $400. Fifteen months after date, we or [either] of ris do promise to pay to John Brubaker the sum of four hundred dollars, without defalcation, for value received, with interest from date.
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Error to the Common Pleas of Juniata county. This was an action of debt by John Brubaker, for the use of Robert C.. Gallagher, against William Sherlock (who was not served with process) and William Okeson, upon a joint and several single bill, of which the following is a copy:— “ $400. Fifteen months after date, we or [either] of ris do promise to pay to John Brubaker the sum of four hundred dollars, without defalcation, for value received, with interest from date. Witness our hands and seals the 1st day of February 1856. “William Sherlock, [seal.) “William Okeson.” [seal.) The defence was,…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
The original liability of Okeson to pay the debt was established, and indeed it was not denied. It was, therefore, incumbent upon him to show affirmatively his discharge from that liability. This he attempted to do, by evidence that he was a surety, and that the creditor had told him on one occasion that Sherlock, the principal debtor, was good enough for the money; that he did not want him (Okeson); that he had been to the West to see Sherlock ; that he had a good crop of wheat, a fine appearance for a good crop of corn, and a good stock of…
2Cases cited2 opinions
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- Bank v. KlingensmithSupreme Court of Pennsylvania · 1838
3Cited by12 opinions
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- McCormack v. JermynSupreme Court of Pennsylvania · 1944
- Hertz Corp. v. HardySuperior Court of Pennsylvania · 1962
- Campbell v. FloydSupreme Court of Pennsylvania · 1893
- Second National Bank v. GrahamSupreme Court of Pennsylvania · 1914
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