Legal Opinion

Juniata Building & Loan Ass'n v. Hetzel

Supreme Court of Pennsylvania

Decided October 1, 1883No. 140½PublishedCited by 24 opinions

Error to the Court of Common Pleas of Bedford county : Of January Term 1883, No. 140½. Judgment was entered by the Juniata Building and Loan Association on -a bond and warrant executed by John K. Taylor, Mary E. Weaverling, and J. J. Hetzel, to said association. Upon petition, the judgment was opened as to J. J. Hetzel, and ho was.let into a defence. Upon the trial, before Baer, P. J., the plaintiff put the bond in evidence and rested.

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Error to the Court of Common Pleas of Bedford county : Of January Term 1883, No. 140½. Judgment was entered by the Juniata Building and Loan Association on -a bond and warrant executed by John K. Taylor, Mary E. Weaverling, and J. J. Hetzel, to said association. Upon petition, the judgment was opened as to J. J. Hetzel, and ho was.let into a defence. Upon the trial, before Baer, P. J., the plaintiff put the bond in evidence and rested. Defendant, J. J. Hetzel, being called, offered to prove the following facts, viz.: “ That he was surety on the judgment bond which was given to the plaintiff…

1Opinion of the CourtJustice Tbunkey

No principle is better settled than that parol evidence is admissible to show a verbal contemporaneous agreement, which induced the execution of a written obligation, though it may vary or change the terms of the written contract. Therefore it was competent for the defendant to prove, if he could, that it was agreed before and at the time he signed the bond, that it should not be resorted to until after the security of the mortgage was exhausted, and that the security of the mortgage was lost through the plaintiff’s negligence. But evidence of the practice or custom of the association in…

2Cases cited3 opinions

  1. Dillon v. . AndersonNew York Court of Appeals · 1870
  2. Thurston v. . CornellNew York Court of Appeals · 1868
  3. Snow v. PaineMassachusetts Supreme Judicial Court · 1874

3Cited by24 opinions

  1. Speier v. MichelsonSupreme Court of Pennsylvania · 1931
  2. Gandy v. WeckerlySupreme Court of Pennsylvania · 1908
  3. Indiana Truck Corp. v. GlockCourt of Appeals of Georgia · 1933
  4. Fuller v. LawSupreme Court of Pennsylvania · 1903
  5. Bartley v. PhillipsSupreme Court of Pennsylvania · 1897

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