Erie Bank v. Gibson
Supreme Court of Pennsylvania
WRIT of eryor to Crawford county. This was an action of debt on a note by the Erie Bank against John Gibson, William Foster and William Magaw. After the note became due, William Foster wrote to the bank thus: “ Meadville, October 15th, 1829. “ Mr Rufus S. Reed, “ Some weeks ago Mr Magaw received a letter from Mr M. Sparren, giving a statement of the amount due the Erie Bank on the note of John Gibson, for which he and myself are security.
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WRIT of eryor to Crawford county. This was an action of debt on a note by the Erie Bank against John Gibson, William Foster and William Magaw. After the note became due, William Foster wrote to the bank thus: “ Meadville, October 15th, 1829. “ Mr Rufus S. Reed, “ Some weeks ago Mr Magaw received a letter from Mr M. Sparren, giving a statement of the amount due the Erie Bank on the note of John Gibson, for which he and myself are security. We have used every endeavour to get Gibson to pay it off, but without effect, unless he has done it lately. We have not seen him for a week or two, as he…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
In Cope v. Smith, 8 Serg. & Rawle 110, Chief Justice Tilghman investigated with great care all the authorities which bear upon the present question. In England, the surety must go into chancery, to compel the creditor to sue, or perhaps the principal to pay, but in New York the same result may be produced by a request in pais. This position is sustained by the court of errors, contrary to the opinion of all the law judges, except Chief Justice Spencer. The law was at one time supposed to be otherwise in Pennsylvania. In the Commonwealth v.…
2Cases cited2 opinions
- Cope v. SmithSupreme Court of Pennsylvania · 1822
- Gardner v. FerreeSupreme Court of Pennsylvania · 1826
3Cited by13 opinions
- Taylor v. BeckIllinois Supreme Court · 1851
- Noble v. Thompson Oil Co. ex rel. BrownSupreme Court of Pennsylvania · 1875
- First National Bank v. DeloneSupreme Court of Pennsylvania · 1916
- Commonwealth v. National Surety Co.Supreme Court of Pennsylvania · 1932
- Stark v. FullerSupreme Court of Pennsylvania · 1862
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