Janes v. Benson
Supreme Court of Pennsylvania
Appeal, No. 404, Jan. T., 1893, by defendants, John A. Benson et al., executors of Wm. Benson, deceased, from judgment of C. P. Erie Co., May T., 1889, No. 184, on verdict for plaintiff, James Janes, to use of D. N. Patterson and A. H. Austin. Assumpsit to charge surety on sealed note. The facts as they appeared at the trial before Gunnison, P. J., are stated in the opinion of the Supreme Court.
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Appeal, No. 404, Jan. T., 1893, by defendants, John A. Benson et al., executors of Wm. Benson, deceased, from judgment of C. P. Erie Co., May T., 1889, No. 184, on verdict for plaintiff, James Janes, to use of D. N. Patterson and A. H. Austin. Assumpsit to charge surety on sealed note. The facts as they appeared at the trial before Gunnison, P. J., are stated in the opinion of the Supreme Court. Defendant’s point was among others as follows: “ 1. That the note or obligation on which this suit is brought, being under seal, is a specialty and not commercial paper, and must be specially…
1Opinion of the Court
Opinion by
Me. Justice Williams,
The question in this case is over the plaintiff’s title to the instrument sued on, and it is raised by a somewhat novel state of facts. The evidence shows that Mrs. Edwards applied to *491William Benson, now deceased, for a loan of money upon the security of her own note. He declined to lend the money but offered to assist her in borrowing it. He told her he thought Mr. Janes would lend it to her on proper security, and that he would sign her note as surety to enable her to make the loan of him. He accordingly prepared a note at eight months, payable to Janes or…
2Cases cited2 opinions
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