Knisely v. Shenberger
Supreme Court of Pennsylvania
ERROR to the common, pleas of York county. Henry Shenberger against Anthony Knisely. Amicable action and case stated, in substance thus : John Patterson, seised of fifty-five acres of land, conveyed it to the plaintiff, Henry Shenberger.
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ERROR to the common, pleas of York county. Henry Shenberger against Anthony Knisely. Amicable action and case stated, in substance thus : John Patterson, seised of fifty-five acres of land, conveyed it to the plaintiff, Henry Shenberger. At the time, there were two judgments in favour of John Baymiller which were liens upon the land; and in consideration that Shenberger would accept the deed and pay the purchase money, which he did, this paper was executed and delivered to him: “April 4th, A. D. 1832. I do hereby certify, that I will go security for John Patterson, that the judgments in…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
The counsel for the plaintiff in error attempted to *194show that this agreement, to indemnify Shenberger against judgments which bound the land he bought from Patterson, was the agreement of Patterson alone, because it began “I do hereby, &c.” and Patterson signed it before Knisely. To this, two answers occurred: first, that where a writing begins as this, it may be taken as the several engagement of each, or joint, engagement of both, Selwyri’s N. P. 326 ; besides the whole of the agreement contradicts this construction. It would be absurd to…
2Cited by11 opinions
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- Dodd v. MitchellIndiana Supreme Court · 1881
- Leith v. BushSupreme Court of Pennsylvania · 1869
- Graham v. Schuylkill CountySuperior Court of Pennsylvania · 1901
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