Huzzard v. Nagle
Supreme Court of Pennsylvania
Error to the Common Pleas of Berks county. These were actions of debt brought in the court below to April Term 1858, by James Nagle against Rudolph Huzzard, and by same plaintiff against John Manderbach, on a bond of indemnity, made and delivered under the following circumstances :— John Potteiger and James Rice, partners, obtained a judgment in Berks county, against William Kramer, for $492.41, and sued out thereon a testatum execution, directed to James Nagle, who was then…
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Error to the Common Pleas of Berks county. These were actions of debt brought in the court below to April Term 1858, by James Nagle against Rudolph Huzzard, and by same plaintiff against John Manderbach, on a bond of indemnity, made and delivered under the following circumstances :— John Potteiger and James Rice, partners, obtained a judgment in Berks county, against William Kramer, for $492.41, and sued out thereon a testatum execution, directed to James Nagle, who was then sheriff of Schuylkill county. The writ came to hand April 26th 1854, and under it Nagle levied on certain cattle which…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
This contract of suretyship is, that Potteiger and Rice will save the sheriff harmless, in case he should levy on certain goods alleged to belong to the defendant in the execur tion, but claimed by another. .Did they do so? If not, what damage did the sheriff suffer by the default ? These are the true questions of the case. The answers are, that they appeared and made the best defence they could in the suit against the sheriff, and failed, and by compromise fixed the amount of the recovery. Then they did not save him harmless, but allowed…
2Cited by1 opinion
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