Hartman v. Danner
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Adams county: Of May Term 1873, No. 24. This was an action of debt brought April 5th 1870, by John Hartman against Frank D. Duphorn and Joel B. Danner on the following note:— “ On or before the 3d day of April next, we or either of us promise to pay John Hartman or order, the sum of five hundred dollars ($500) with interest from date.
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Error to the Court of Common Pleas of Adams county: Of May Term 1873, No. 24. This was an action of debt brought April 5th 1870, by John Hartman against Frank D. Duphorn and Joel B. Danner on the following note:— “ On or before the 3d day of April next, we or either of us promise to pay John Hartman or order, the sum of five hundred dollars ($500) with interest from date. Witness our hands and seals this 3d day -of April 1867. Frank D. Duphorn, [seal.] J. B. Danner. [seal.]” Duphorn was not summoned. It was admitted that Danner with the knowledge of Hartman was surety for Duphorn in this…
1Opinion of the Court
The opinion of the court — Williams and Mercür, JJ., dissenting — was delivered July 2d 1873, by
Sharswood, J. —
The facts of this case as presented on this record appear to be, that on April 3d 1867, Duphorn, with Danner as his surety, executed and delivered a sealed note, binding them to pay Hartman five hundred dollars on or before April 3d 1868, with interest from date. At the time the note was given, Duphorn, without the knowledge of Danner, agreed to pay two per cent, extra interest, and gave his due-bill for the usury, which was afterwards paid. A short time before the note fell due…
2Cases cited6 opinions
- Manufacturers' & Mechanics' Bank v. Bank of PennsylvaniaSupreme Court of Pennsylvania · 1844
- Pabodie v. KingNew York Supreme Court · 1815
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- Payne v. PowellTexas Supreme Court · 1855
- Lowrie v. VernerSupreme Court of Pennsylvania · 1834
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