Hoffman v. Bechtel
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county. This was an action of covenant by Allen Bechtel against Jacob Hoffman, on a guaranty by the defendant, of a bond assigned by him to the plaintiff.
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Error to the Court of Common Pleas of Berks county. This was an action of covenant by Allen Bechtel against Jacob Hoffman, on a guaranty by the defendant, of a bond assigned by him to the plaintiff. On the 25th of November 1857, E. R. Henninger gave a bond to Hoffman for the payment of $2000, with interest, on the 1st of October 1858. Judgment was entered on this bond January 29th 1858. On the 1st of February 1858, Hoffman assigned the bond to Bechtel, “ guaranteeing the payment thereof in case of default being made by” Henninger. A fi. fa. was issued on this judgment October 2d 1858, to…
1Opinion of the Court
The opinion of the court was delivered, March 26th 1866, by
Strong, J.
The contract of guaranty is peculiar. Unlike that of an ordinary surety, it is collateral and secondary. The creditor must resort in the first instance to the debtor, and the guarantor is liable only after the debtor has proved insolvent, and the creditor has used due diligence to obtain payment from him unsuccessfully. But what is due diligence ? Perhaps it is impossible to define it with any degree of certainty. It must vary with the circumstances of each case, and hence it is a question for the jui’y: Rudy v. Wolf, 16 S.…
2Cited by6 opinions
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- League Island Community Building & Loan Ass'n v. DoyleSupreme Court of Pennsylvania · 1936
- Commonwealth ex rel. Hughes v. Maryland Casualty Co.Superior Court of Pennsylvania · 1950
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