Duff v. Wilson
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 98, to October and November Term 1872. This was an action of assumpsit, brought April 9th 1868, by Samuel Duff against Samuel Wilson, who was surety for the performance by Philip Smathers, of the covenants of a lease to him from the plaintiff.
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Error to the District Court of Allegheny county: No. 98, to October and November Term 1872. This was an action of assumpsit, brought April 9th 1868, by Samuel Duff against Samuel Wilson, who was surety for the performance by Philip Smathers, of the covenants of a lease to him from the plaintiff. The cause had been before tried and resulted in a verdict and judgment for the plaintiff; the judgment was reversed in the Supreme Court (Wilson v. Duff, 19 P. E. Smith 316.) The declaration set out the lease under seal, dated September 10th 1859, for five years, for the undivided half of certain…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
— When this case Avas here before (19 P. F. Smith 316), the only question presented upon the record was upon the rejection of an offer by Wilson, the defendant below, to prove *447an eviction under the proceedings upon the Kifer mortgage. The learned judge below thought that as Smathers had sold to Duff, clear of all encumbrances, and was, therefore, bound to indemnify him against that mortgage, Wilson, his surety for the rent, could not set up the eviction as a defence. We came to a different conclusion, and reversed the judgment.
On the…
2Cases cited2 opinions
- M'Ginn v. ShaefferSupreme Court of Pennsylvania · 1838
- Chronister v. BusheySupreme Court of Pennsylvania · 1844
3Cited by4 opinions
- Lund v. HeinrichSupreme Court of Pennsylvania · 1963
- Lund v. HeinrichSupreme Court of Pennsylvania · 1963
- McHale v. CullenSuperior Court of Pennsylvania · 1919
- Stibbe v. Doukas, Pennsylvania Court of Common Pleas, Pike County1967