Silvis v. Ely
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Berks county. Daniel Mortberger, administrator of Samuel Ely, against William Silvis. This was an action of assumpsit, in which the plaintiff declared upon the promise of the defendant to pay him the amount of a judgment and execution of Mortberger, administrator of Ely, against valentine and G. M. Brobst, which had been levied upon the real estate of Valentine Brobst, in consideration that the plaintiff would forbear to sell the said estate upon…
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ERROR to the Common Pleas of Berks county. Daniel Mortberger, administrator of Samuel Ely, against William Silvis. This was an action of assumpsit, in which the plaintiff declared upon the promise of the defendant to pay him the amount of a judgment and execution of Mortberger, administrator of Ely, against valentine and G. M. Brobst, which had been levied upon the real estate of Valentine Brobst, in consideration that the plaintiff would forbear to sell the said estate upon the execution. John Schwartz being called as a juror, was challenged by the plaintiff, who assigned for cause that he…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This is an action on the case on a promise to pay the debt of V. & G. M. Brobst to the plaintiff’s intestate, in consideration of forbearance. The Farmers’ Bank of Reading discounted the note of Valentine and George Michael Brobst for a large sum of money, with Samuel Ely endorser. At the same time Ely took as indemnity from the makers a bond for $12,000, on which judgment was entered. Executions were issued on the judgment from time to time. The makers having failed to pay the note, suit was brought against the endorser, Ely, judgment…
2Cited by10 opinions
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- Smith's Adm'r v. LambertsSupreme Court of Virginia · 1850
- Wieland v. WhiteMassachusetts Supreme Judicial Court · 1872
- Morgan v. Park National BankAppellate Court of Illinois · 1892
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