Legal Opinion

Frank v. Maguire

Supreme Court of Pennsylvania

Decided March 10, 1862PublishedCited by 3 opinions

Error to the Common Pleas of Philadelphia. This was an action of covenant by James Maguire against Lebrecht Frank, on a sealed instrument, whereby the defendant undertook a personal liability for the performance of the covenants on the part of the lessee, in a lease given by James Maguire, executor, to Dr. John S. Albright, “without recourse” to the lessee.

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Error to the Common Pleas of Philadelphia. This was an action of covenant by James Maguire against Lebrecht Frank, on a sealed instrument, whereby the defendant undertook a personal liability for the performance of the covenants on the part of the lessee, in a lease given by James Maguire, executor, to Dr. John S. Albright, “without recourse” to the lessee. A copy of the lease and of the covenant of Mr. Frank being filed, defendant filed the following affidavit of defence:— “Lebrecht Frank, the defendant, being duly sworn, says: That he has a defence to the plaintiff’s claim in this case, as…

1Opinion of the Court

The opinion of the court was delivered, March 10th 1862, by

Strong, J.

The judgment which we are asked to reverse was entered for want of a sufficient affidavit of defence, and the first question is, whether the plaintiff’s ease was within the provisions of the Act of March 28th 1835. It was an action of covenant, in which the plaintiff filed a copy of a lease, which he had made to one John S. Albright, and a copy of an agreement by which the defendant had covenanted to become security for the lessee. The lease contained not only an engagement of the lessee to pay the stipulated rent, but also…

2Cases cited2 opinions

  1. M'Kinney v. ReaderSupreme Court of Pennsylvania · 1838
  2. Dewey v. DupuySupreme Court of Pennsylvania · 1841

3Cited by3 opinions

  1. Sanders v. SharpSupreme Court of Pennsylvania · 1893
  2. In re Heilbron Bros.District Court, E.D. Pennsylvania · 1915
  3. McKeone Soap Manufacturing Co. v. Religious Press Co.Supreme Court of Pennsylvania · 1887

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