Phœnix Brewing Co. v. Rumbarger
Supreme Court of Pennsylvania
Appeal, No. 493, Jan. T., 1898, by defendants, from judgment of C. P. Clearfield Co., May T., 1895, No. 119, on verdict for plaintiff. Assumpsit on a bond of suretyship.
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Appeal, No. 493, Jan. T., 1898, by defendants, from judgment of C. P. Clearfield Co., May T., 1895, No. 119, on verdict for plaintiff. Assumpsit on a bond of suretyship. The facts appear by the charge of the court by Gordon, J., which was as follows : This is a suit by the Phoenix Brewing Company against W. E. Rumbarger, J. G. Solomon and George B. McClelland, for beer sold and delivered to them to the extent of the penalty, to wit: $1,000 and interest, of a certain bond entered into by said W. E. Rumbarger, principal, with George B. McClelland and J. G. Solomon as sureties, in favor of the…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The facts established by the evidence furnish no ground for the application of the theories on which the defense was based, even if it were conceded as argued by the appellants that the taking of a note payable at a future day for an existing debt implies prima facie an agreement to wait until the note matures, and discharges the parties secondarily liable for the payment of *257the debt as sureties or guarantors, a proposition by no means in accord with our cases : See Shaw v. The Church, 39 Pa. 226; Hutchinson v. Woodwell, 107 Pa. 510; Buck v. Wilson, 113 Pa. 423. The…
2Cases cited3 opinions
- Buck v. WilsonSupreme Court of Pennsylvania · 1886
- Horan v. Weiler & EllisSupreme Court of Pennsylvania · 1862
- Shaw & Leigh v. First Associated Reformed Presbyterian ChurchSupreme Court of Pennsylvania · 1861
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- Stockyards Nat. Bank of South Omaha v. BraggUtah Supreme Court · 1925
- Cancelmo's EstateSupreme Court of Pennsylvania · 1932
- Brennan v. Pine Hill Collieries Co.Supreme Court of Pennsylvania · 1933
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