Clark v. Russel
Supreme Court of Pennsylvania
ERROR to' the common pleas of Crawford county. '' This was an action on the case by William Russel against William Clark. The substance of the plaintifF’s declaration was as follows.
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ERROR to' the common pleas of Crawford county. '' This was an action on the case by William Russel against William Clark. The substance of the plaintifF’s declaration was as follows. “ That whereas a certain John and Joseph Patterson, before anti at the time of the making of the promise and undertaking of the said defendant hereinafter mentioned, were indebted to the said plaintiff on a certain obligation or written agreement sealed with their seals; and dated the 26th of April 1814, by which they or either of them promised to pay to W. Russel or order the sum of 1209 dollars 50 cents, in…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, G. J.
The proposed forbearance was evidently to be perpetual as to the obligors, the indulgence spoken of being referable to those who were to pay the debt. The defendant reciting that be and John Patterson had undertaken to pay the obligation of John and Joseph Patterson, requests indulgence; and for whom? Not for the obligors; but, as is apparent from the use of the word “ us,” for John and himself, who had agreed with Joseph .to substitute their joint responsibility for the joint and several responsibility of the obligors. It is undoubted…
2Cases cited1 opinion
- Hamaker v. EberleySupreme Court of Pennsylvania · 1810
3Cited by10 opinions
- Germantown T. Co. v. Emhardt (No. 1)Supreme Court of Pennsylvania · 1936
- Hamilton v. Lycoming Mutual InsuranceSupreme Court of Pennsylvania · 1847
- Schroyer v. ThompsonSupreme Court of Pennsylvania · 1918
- Weaver v. WoodSupreme Court of Pennsylvania · 1848
- Glasscock v. GlasscockSupreme Court of Missouri · 1877
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