Lishy v. O'Brien
Supreme Court of Pennsylvania
ERROR to the common pleas of York county. This was an action by O’Brien, Dunbar & Co. against Jacob Lishy, on a note drawn by Jacob Wilden, Lewis W. Lishy and Jacob Lishy.
Read the full summary
ERROR to the common pleas of York county. This was an action by O’Brien, Dunbar & Co. against Jacob Lishy, on a note drawn by Jacob Wilden, Lewis W. Lishy and Jacob Lishy. The defendant admitted the making of the note, and gave in evidence this receipt: “Received, October 12th, 1833, of Messrs Wilden and Lishy a certain promissory note, drawn by Jacob Wilden, Lewis W. Lishy and Jacob Lishy at one year from the 1st of October 1833, for 1914 dollars and 14 cents for value received ; it being understood that the above described note is to be held as collateral security of two notes of six and…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
—The plaintiff.in error endeavours to support bis defence by asserting, in the first place, that his engagement was in nature of a guarantee as ultimate security; and, in the next place, that the property of the principals must in such case be exhausted before suit can be maintained against the surety. Without expressing any opinion on the last of these propositions, it may be observed, *142that the engagement in this instance is not a guarantee ; but, by the express agreement of the parties, was given and received as a collateral security for…
2Cases cited2 opinions
- Hart v. BollerSupreme Court of Pennsylvania · 1827
- Leas v. JamesSupreme Court of Pennsylvania · 1823
3Cited by10 opinions
- Delaware County Trust, Safe Deposit & Title Insurance v. HaserSupreme Court of Pennsylvania · 1901
- Stegmaier v. Keystone Coal Co.Supreme Court of Pennsylvania · 1909
- Chapman v. DurantMassachusetts Supreme Judicial Court · 1813
- Hanna v. HoltonSupreme Court of Pennsylvania · 1873
- Hastings Bank of Hastings v. CovitchSupreme Court of Pennsylvania · 1936
5 more not listed; retrieve them via the Exa API.