Lauer Brewing Co. v. Riley
Supreme Court of Pennsylvania
Appeal, No. 95, Jan. T., 1900, by plaintiff, from order of C. P. Luzerne Co., June T., 1889, No. 107, refusing to take off nonsuit in case of the Lauer Brewing Company v. Robert P. Riley, Andrew Crossen, now represented by his executor, James P. Gorman and John Carr. Assumpsit upon a bond.
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Appeal, No. 95, Jan. T., 1900, by plaintiff, from order of C. P. Luzerne Co., June T., 1889, No. 107, refusing to take off nonsuit in case of the Lauer Brewing Company v. Robert P. Riley, Andrew Crossen, now represented by his executor, James P. Gorman and John Carr. Assumpsit upon a bond. At the trial the uncontradicted testimony showed that on March 21, 1889, when the sureties signed the bond in suit, the principal, Riley, was a defaulter to the plaintiff in the sum of |2,998.38, and that this fact was concealed from the sureties. The court entered a compulsory nonsuit as to the sureties…
1Opinion of the Court
Per Curiam,
The only question raised on this .record is the refusal of the court below to take off the compulsory nonsuit entered as to the defendants Crossen and Carr. As to them it appeared by the plaintiff’s testimony that at the time they became sureties on Riley’s bond to the plaintiff, Riley, the principal in the bond, was a defaulter, and a debtor as such to the plaintiff and that this fact was withheld from the sureties. That this was a good defense against the bond on the part of the sureties was ruled by this court in the case of Wayne v. Commercial National Bank, 52 Pa. 343. Such a…
2Cases cited3 opinions
- Wayne v. Commercial National BankSupreme Court of Pennsylvania · 1866
- Portner v. KirschnerSupreme Court of Pennsylvania · 1895
- Farmers' etc. N. Bank v. Braden, Pennsylvania Court of Common Pleas, Greene County1891
3Cited by6 opinions
- Park Paving Co. v. KraftSupreme Court of Pennsylvania · 1918
- Star Insurance Co. of America v. CareySupreme Court of Kansas · 1928
- Delafant v. ShapiroSuperior Court of Pennsylvania · 1919
- Commonwealth v. American Bonding & Trust Co.Supreme Court of Pennsylvania · 1903
- Commonwealth v. JimisonSupreme Court of Pennsylvania · 1903
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