M'Mullen ex rel. Rudy v. Wenner
Supreme Court of Pennsylvania
IN ERROR. The record of this case being returned on a writ of error to Lebanon county, accompanied by several bills of exceptions both to evidence and the opinion of the court, it appeared, that in the court below it was an action of debt, brought by the plaintiffs in error against the defendants in error, upon a bond dated April 15th, 1815, conditioned for the payment of one hundred and thirty-seven dollars and fifty cents, on the 22d of April, 1819, given by Jacob and…
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IN ERROR. The record of this case being returned on a writ of error to Lebanon county, accompanied by several bills of exceptions both to evidence and the opinion of the court, it appeared, that in the court below it was an action of debt, brought by the plaintiffs in error against the defendants in error, upon a bond dated April 15th, 1815, conditioned for the payment of one hundred and thirty-seven dollars and fifty cents, on the 22d of April, 1819, given by Jacob and Daniel Wenner to Daniel M'Mullen, by whom it was assigned on the 3d of February, 1816, to Ann Fox, who subsequently became…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
This was a suit brought to recover the sum of one-hundred and thirty-one dollars, fifty cents, on a bond given to secure part of the purchase money of a tract of land sold by the defendants, to Daniel M'Mullen, and assigned by him for a valuable consideration to the plaintiff, Ann Fox, since intermarried with John Rudy.
There is no doubt, that the assignee of a bond, whether the assignment be legal or equitable, takes it at his own peril, subject to every defalcation which might have been made against the obligee by the obligor, at the time of…
2Cases cited2 opinions
- Wheeler v. HughesSupreme Court of the United States · 1776
- Auwerter v. MathiotSupreme Court of Pennsylvania · 1823
3Cited by5 opinions
- Hubbard v. . BriggsNew York Court of Appeals · 1865
- Minneapolis & St. Louis Railway Co. v. WilsonSupreme Court of Minnesota · 1879
- Edgar v. KlineSupreme Court of Pennsylvania · 1847
- Brown v. WrightSupreme Court of Arkansas · 1856
- Elliott ex rel. Stanard v. CallanSupreme Court of Pennsylvania · 1829