Malone v. Keener
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. This was an action on the case, brought by George F. Keener against Michael Malone, Israel Painter, and B. B. Gonder, partners trading as Malone, Painter k Gonder, to recover the amount of a note drawn by the secretary of the North-Western Railroad Company for $500, of which the-following is a copy:&emdash;- “Ten months after date, the North-Western Railroad Company promises to pay to the order of Robert S. Reed, president,…
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Error to the Common Pleas of Westmoreland county. This was an action on the case, brought by George F. Keener against Michael Malone, Israel Painter, and B. B. Gonder, partners trading as Malone, Painter k Gonder, to recover the amount of a note drawn by the secretary of the North-Western Railroad Company for $500, of which the-following is a copy:&emdash;- “Ten months after date, the North-Western Railroad Company promises to pay to the order of Robert S. Reed, president, $500, without defalcation, for value received. (Signed) [seal] “ William J. Wainwright, Treasurer. (Endorsed) "ROBERT S.…
1Opinion of the Court
The opinion of the court was delivered, t>y
Read, J.
The declaration in this case is very inartificially drawn, but it is clear that it is upon a guaranty by the plaintiffs in error of a note of the North-Western Railroad Company. The guaranty was not in writing, and the question is whether it comes within the 1st section of the Act of 26th April 1855, and this depends upon the construction which has been given to its provisions.
It is a general principle which prevails in all cases under the 4th section of the Statute of Frauds, from which our act is copied, that whenever the defendant’s…
2Cases cited1 opinion
- Leonard v. VredenburghNew York Supreme Court · 1811
3Cited by5 opinions
- Crawford v. PyleSupreme Court of Pennsylvania · 1899
- Van Leuven v. HolmesSuperior Court of Pennsylvania · 1900
- Electro-Tint Engraving Co. v. H. S. Eckels & Co.Superior Court of Pennsylvania · 1934
- Potter v. GreenbergSuperior Court of Pennsylvania · 1904
- Irwin, Keelan & Sterck, Inc. v. TracySupreme Court of Pennsylvania · 1928