Woods v. Sherman
Supreme Court of Pennsylvania
Error to tbe District Court of Philadelphia: No. 98, to July Term 1871. This was an action of assumpsit, brought November 7th 1870, by Roger Sherman and others, trading as Sherman & Co., against Thomas Woods.
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Error to tbe District Court of Philadelphia: No. 98, to July Term 1871. This was an action of assumpsit, brought November 7th 1870, by Roger Sherman and others, trading as Sherman & Co., against Thomas Woods. Tbe declaration was that tbe defendant guarantied to the plaintiffs tbe payment for printing books for Davis & Woods; that they proceeded to execute tbe work for Davis & Woods; that there were due to tbe plaintiffs $14,000, for which judgment bad been obtained and execution issued, but nothing realized. There was no further averment that the plaintiffs had complied with their contract.…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
It is not necessary to consider the question which has been raised, whether the instrument of writing dated July 11th 1868, was a contract of guaranty or suretyship. The distinction between these two kinds of contract, is drawn with great precision by our brother Agnew, in the opinion of this court, delivered by him in Reigart v. White, 2 P. F. Smith 440: “ a contract of suretyship being a direct liability to the creditor, for the act to be performed by the debtor, and a guaranty being a liability only for his ability to perform this act.…
2Cases cited2 opinions
- Isett v. HogeSupreme Court of Pennsylvania · 1833
- Snevily v. JohnstonSupreme Court of Pennsylvania · 1841
3Cited by12 opinions
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- Langston v. National Media Corp.Superior Court of Pennsylvania · 1992
- Philadelphia v. Tradesmen's Trust Co.Superior Court of Pennsylvania · 1909
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- American Radiator Co. v. HoffmanSuperior Court of Pennsylvania · 1904
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