Fink v. Mahaffy
Supreme Court of Pennsylvania
ERROR to the common pleas of Lycoming county. John M. Hays obtained a judgment'against Baltzer Quiggle, David Fink, and William Mahaffy, the two former being principals, and the latter as surety. In 1888 an execution was issued upon it, and the property of Quiggle was sold, but not for a sum sufficient to pay the debt, and William Mahaffy paid it. In 1836, Quiggle being dead, Mahaffy brought suit against.
Read the full summary
ERROR to the common pleas of Lycoming county. John M. Hays obtained a judgment'against Baltzer Quiggle, David Fink, and William Mahaffy, the two former being principals, and the latter as surety. In 1888 an execution was issued upon it, and the property of Quiggle was sold, but not for a sum sufficient to pay the debt, and William Mahaffy paid it. In 1836, Quiggle being dead, Mahaffy brought suit against. Fink for the money laid out and expended, which was tried in May 1838, and a verdict rendered for the defendant.. This application was then made to the court to substitute Mahaffy in the…
1Per curiam
In King v. Baldwin, 2 Johns. Ch. 557, it was decided that a party whose defence has been overruled as insufficient at law, shall not be relieved in equity merely on the same facts. Is not that the case of the party here, except that he was plaintiff in the suit at law? Moreover, his demand is barred by the statute of limitations; and if the doctrine of substitution is one of mere equity and benevolence, as it has been said to be, it will not be enforced at the expense of a legal right. The substitution was therefore improvident.
Order reversed, and assignment of the judgment stricken out.
2Cases cited1 opinion
- King v. BaldwinNew York Court of Chancery · 1817
3Cited by12 opinions
- Furia v. PhiladelphiaSuperior Court of Pennsylvania · 1955
- Roberts v. Fireman's Ins. Co. of NJSupreme Court of Pennsylvania · 1954
- Charmley v. CharmleyWisconsin Supreme Court · 1905
- Rittenhouse v. LeveringSupreme Court of Pennsylvania · 1843
- Watts v. Eufaula National BankSupreme Court of Alabama · 1884
7 more not listed; retrieve them via the Exa API.