Wright v. Grover & Baker S. M. Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Perry county: Of May Term 1876, No. 56. R. H. Wright as principal, and Samuel Smith and Charles Wright as sureties, executed three notes in the following form:— “$275.00. , New Bloomfield, February 27th 1873. Six months after date, for value received, we or either of us promise to pay to Grover & Baker S. M. Co., two hundred and seventy-five dollars, with interest and without defalcation or stay of execution.
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Error to the Court of Common Pleas of Perry county: Of May Term 1876, No. 56. R. H. Wright as principal, and Samuel Smith and Charles Wright as sureties, executed three notes in the following form:— “$275.00. , New Bloomfield, February 27th 1873. Six months after date, for value received, we or either of us promise to pay to Grover & Baker S. M. Co., two hundred and seventy-five dollars, with interest and without defalcation or stay of execution. And we do hereby confess judgment for the above sum with interest and costs of suit, a release of all errors, and waiver of all rights to…
1Opinion of the CourtJustice Mercur
This case involves a consideration of two questions. One, the rights of a surety, who has paid the debt, against his co-surety; the other, the manner in which he may enforce them.
1. The general rule is well settled that if a surety has paid a debt, he is entitled to all the securities the creditor had against the principal debtor. If the claim, be in judgment, he is entitled to be subrogated of record. Even if the judgment has been marked satisfied on the record, the surety paying is entitled to be subrogated *82as against all but intervening creditors. He is not only entitled to the creditor’s…
2Cases cited8 opinions
- Lidderdale's Executors v. of RobinsonSupreme Court of the United States · 1827
- Fleming v. BeaverSupreme Court of Pennsylvania · 1828
- Rittenhouse v. LeveringSupreme Court of Pennsylvania · 1843
- Pott v. NathansSupreme Court of Pennsylvania · 1841
- Croft v. MooreSupreme Court of Pennsylvania · 1840
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Goldman v. Mitchell-Fletcher Co.Supreme Court of Pennsylvania · 1928
- Haverford Loan & Building Ass'n v. Fire Ass'nSupreme Court of Pennsylvania · 1897
- Phelps v. ScottSupreme Court of Missouri · 1930
- Baily's EstateSupreme Court of Pennsylvania · 1893
- Commonwealth Ex Rel. Schnader v. National Surety Co.Supreme Court of Pennsylvania · 1944
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