Isett v. Hoge
Supreme Court of Pennsylvania
ERROR to Westmoreland county. • This action was by John Kuhns, executor of Henry Isett deceased, against Thomas Hoge. William Johnston gave his note, under seal, dated the 2d day of ' May 1812, by which he promised to pay to Henry Isett, or order, 300 dollars, twelve months after date, with lawful interest from the date. Appended to the note is the following writing: “ I do hereby guaranty the payment of the above note to the said Henry Isett-. “ Thomas Hoge. “ Test.
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ERROR to Westmoreland county. • This action was by John Kuhns, executor of Henry Isett deceased, against Thomas Hoge. William Johnston gave his note, under seal, dated the 2d day of ' May 1812, by which he promised to pay to Henry Isett, or order, 300 dollars, twelve months after date, with lawful interest from the date. Appended to the note is the following writing: “ I do hereby guaranty the payment of the above note to the said Henry Isett-. “ Thomas Hoge. “ Test. William Hill.” On the 2d of May 1813, Henry Isett received one year’s interest on the debt; on the 2d of May 1814, he received…
1Per curiam
In Johnston v. Chapman, 3 Penns* Rep. 18, a guarantee was held to be an engagement to pay in default of solvency in the debtor, provided due diligence was used to obtain payment from him; and that merely to demand payment, is not due diligence. Here payment was not even sought for in the lifetime of the drawer, who lived nearly eight years after the note fell due; and this is such gross negligence as to render a resort to the statute of limitations entirely unnecessary. It is impossible to say the money would not have been obtained had the debt been pressed; and to suffer the plaintiff to…
2Cited by9 opinions
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