Shimer v. Jones
Supreme Court of Pennsylvania
Error to the Common Pleas of Northampton county. This was an action of assumpsit by Augustus B. Shimer, John S. Oberly, and Nathan Grim, executors, &c., of Abraham Shimer, deceased, to the use of John S. Oberly and Catharine his wife, in right of said Catharine, against Josiah Jones, Leonard Schweitzer, and William Gwinner. The plaintiffs declared on the joint promissory note of defendants, dated April 1st 1858, for $2150, in favour of Abraham Shimer, deceased.
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Error to the Common Pleas of Northampton county. This was an action of assumpsit by Augustus B. Shimer, John S. Oberly, and Nathan Grim, executors, &c., of Abraham Shimer, deceased, to the use of John S. Oberly and Catharine his wife, in right of said Catharine, against Josiah Jones, Leonard Schweitzer, and William Gwinner. The plaintiffs declared on the joint promissory note of defendants, dated April 1st 1858, for $2150, in favour of Abraham Shimer, deceased. Abraham Shimer died in 1859, having first made his will, which was duly admitted to probate, and letters testamentary granted to…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
A surety in an obligation after it has fallen due, has a right to require the holder to quicken his movements in regard to its collection from the principal, by giving and proving clear and distinct notice to him to do so, otherwise he will be no longer responsible as surety. The right to a defence by a surety for a failure on part of the holder of the-security to move, after such a notice, is in equity, and most important. Formerly he could only arrive at the same result, after a troublesome and tedious proceeding in chancery, in which he…
2Cases cited1 opinion
- Erie Bank v. GibsonSupreme Court of Pennsylvania · 1832
3Cited by4 opinions
- Commonwealth v. National Surety Co.Supreme Court of Pennsylvania · 1932
- Union Mutual Insurance Co. v. PageSupreme Court of Oklahoma · 1917
- Chester City Presbyterian Church v. ConlinSuperior Court of Pennsylvania · 1899
- Baker v. KaplanSupreme Court of Pennsylvania · 1924