Kramph's v. Hatz's Executors
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county. This was an action of assumpsit, brought March 4th 1864, by Samuel Hatz and others, executors of John Hatz, deceased, against Sarah M. Kramph, executrix, &c., of F. J. Kramph, deceased: tried before Hayes, A. J. On the 2d of April 1849, William Kirkpatrick gave his bond to Jacob Bowman, conditioned to pay $4000, with interest, in one year. The bond was secured by mortgage on Kirkpatrick’s land.
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Error to the Court of Common Pleas of Lancaster county. This was an action of assumpsit, brought March 4th 1864, by Samuel Hatz and others, executors of John Hatz, deceased, against Sarah M. Kramph, executrix, &c., of F. J. Kramph, deceased: tried before Hayes, A. J. On the 2d of April 1849, William Kirkpatrick gave his bond to Jacob Bowman, conditioned to pay $4000, with interest, in one year. The bond was secured by mortgage on Kirkpatrick’s land. On the same day Hatz and Kramph, with two others, executed a guaranty of its payment, endorsed on the bond. All the interest and $1000 of the…
1Opinion of the Court
The opinion of the court was delivered, June 25th 1866, by
Woodward, C. J.
Four men, Thaddeus Stevens, F. J. Kramph, *528John Hatz, and A. E. Roberts, became joint and several guarantors of a bond of William Kirkpatrick to Jacob Bowman for $4000, a sum that fell due April 1st 1850, and which was also secured by a mortgage of certain real estate of Kirkpatrick.
On the 28th October 1859, the bond and mortgage being more than nine years overdue, the executors of Kramph, who had died meanwhile, gave written notice to Isaac H. Graybill, the assignee and owner of said bond gnd mortgage, to proceed at once…
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