Supplee v. Herrman
Superior Court of Pennsylvania
Appeal, No. 8, Oct. T., 1900, by plaintiff, from judgment of C. P. No. 2, Phila. Co., June T., 1896, No. 970, on verdict for defendant non obstante veredicto in case of Isaac M. Supplee and W. E. Supplee v. Henry Herr-man. Assumpsit on a contract of suretyship.
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Appeal, No. 8, Oct. T., 1900, by plaintiff, from judgment of C. P. No. 2, Phila. Co., June T., 1896, No. 970, on verdict for defendant non obstante veredicto in case of Isaac M. Supplee and W. E. Supplee v. Henry Herr-man. Assumpsit on a contract of suretyship. Before Wilt-bake:, J. The contract sued upon was indorsed on a lease and was as follows: “I, Henry Herrman, doth hereby agree to be responsible to the within named lessors or their assigns, for the true and faithful performance of the within contract on the part of the within named lessee, and hereby waive the benefit of all laws made…
1Opinion of the Court
Opinion by
Rice, P. J.,
In entering judgment for the defendant non obstante verdicto the learned judge of the court below correctly stated the law, which we think is applicable to the case, as follows: “ A surety is undoubtedly primarily liable on his covenant, and may be proceeded against without recourse to him for whom he has engaged to answer (Haynes v. Synnott, 160 Pa. 180; Allen v. Hubert, 49 Pa. 259; Geddis v. Hawk, 1 Watts, 280; McCarthy v. Gordon, 4 Wharton, 321) ; and this also may duly follow even though the principal be dead.” The contract entered into by the defendant was one of…
2Cases cited8 opinions
- Shelly v. DampmanSuperior Court of Pennsylvania · 1896
- Geddis v. HawkSupreme Court of Pennsylvania · 1832
- Coe v. VogdesSupreme Court of Pennsylvania · 1872
- Ginther v. Borough of YorkvilleSuperior Court of Pennsylvania · 1897
- Allen v. HubertSupreme Court of Pennsylvania · 1865
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3Cited by6 opinions
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- Barnhart v. BarnhartSuperior Court of Pennsylvania · 1903
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