Cochran v. Dawson
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was an action on the case tried before Jones, J., to recover the price of a quantity of lumber delivered by the plaintiff to William P, Jones, upon an order in the following- words : “ August 13, 1834. “Mr A.Cochraiiy — Please to let the bearer, Mr William P. Jones, have lumber for the completion of the houses belonging to the Mr Armstrongs, and I will see you paid between this and the close of the year. Yours, S. II. Dawson.”
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THIS was an action on the case tried before Jones, J., to recover the price of a quantity of lumber delivered by the plaintiff to William P, Jones, upon an order in the following- words : “ August 13, 1834. “Mr A.Cochraiiy — Please to let the bearer, Mr William P. Jones, have lumber for the completion of the houses belonging to the Mr Armstrongs, and I will see you paid between this and the close of the year. Yours, S. II. Dawson.” On the trial, the signature of the defendant to this order was admitted. William P. Jones was tiren called to prove the delivery of lumber in pursuance of this…
1Opinion of the Court
The opinion of the Court was delivered by
Jones, J.
The contract of guarantee is a secondary liability. It is a promise to be answerable for a debt or duty in case of the failure or default of another person, who is liable in the first instauce. *278Johnson v. Chapman, 3 Penns. Rep. 19 ; 3 Kent's Comm. 85. When the contract is indefinite as to the time or manner of the default, the creditor or person to whom the duty is due, is bound to show the failure or default upon which the contract of guarantee is suspended ; and to show this, he is in general obliged to show the insolvency of the principal…
2Cited by4 opinions
- Sanford v. HowardSupreme Court of Alabama · 1857
- Campbell v. BakerSupreme Court of Pennsylvania · 1864
- Westinghouse Electric & Manufacturing Co. v. WilsonSuperior Court of Pennsylvania · 1916
- Cornman v. Pennsylvania Railroad, Pennsylvania Court of Common Pleas, Dauphin County1935