Scott v. Swain
Supreme Court of Pennsylvania
January Term, 1886, No. 826, E. D., before Mercur, Ch. J., Gordon, Paxson, Trunkey, Sterrett, and Green, JJ. Error to the Common Pleas No. 1 of Philadelphia County to review a judgment for plaintiff for want of a sufficient affidavit of 'defense in an action of covenant.
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January Term, 1886, No. 826, E. D., before Mercur, Ch. J., Gordon, Paxson, Trunkey, Sterrett, and Green, JJ. Error to the Common Pleas No. 1 of Philadelphia County to review a judgment for plaintiff for want of a sufficient affidavit of 'defense in an action of covenant. This action was brought by Charles M. Swain against John C. Scott, to recover the sum of $666.66 for eight months’ rent of premises leased to the Clay Commercial Telephone Company under a lease dated January 1,1884, to which was added the following agreement, both of which were set out in the affidavit of claim: In…
1Per curiam
It is clear that the written obligation which the plaintiff in error executed did not make him a mere guarantor but made him a surety.
The fact that the lessor did first proceed against the lessee and collect a portion of the rent did not change the legal character of the obligation assumed by the surety. We find nothing in the whole case to relieve him from that liability, and the judgment was rightly entered.
’Judgment affirmed.
2Cited by3 opinions
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