Legal Opinion

Bryant v. Bryant

Supreme Court of Pennsylvania

Decided November 28, 1928No. Appeal, 218PublishedCited by 24 opinions

The paper is not between the parties to this suit and therefore is not subject to the so-called parol evidence rule: Simons & Sons v. Emery, 254 Pa. 569; Gill’s Est., 268 Pa. 500; Roberts v. Cauffiel, 283 Pa. 64. Under the settled law of this Commonwealth, if one of three joint obligors discharges his or her share of the joint obligation, by a payment to plaintiff, all three of the obligors are not thereby discharged: Burke v. Nobel, 48 Pa. 168; Schoch v. Miller, 10 Pa. 401;…

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The paper is not between the parties to this suit and therefore is not subject to the so-called parol evidence rule: Simons & Sons v. Emery, 254 Pa. 569; Gill’s Est., 268 Pa. 500; Roberts v. Cauffiel, 283 Pa. 64. Under the settled law of this Commonwealth, if one of three joint obligors discharges his or her share of the joint obligation, by a payment to plaintiff, all three of the obligors are not thereby discharged: Burke v. Nobel, 48 Pa. 168; Schoch v. Miller, 10 Pa. 401; Greenwald v. Kaster, 86 Pa. 45.

1Opinion of the Court

Opinion by

Mr. Justice Sadler,

William Bryant, a successful coal merchant of the City of Philadelphia, died on March 31, 1923, leaving a last will and testament, dated six days earlier. His actual conduct of the business had ceased in |922 because of ill health, though from time to time he exercised some personal supervision. He was survived by a widow, Mary Bryant, whom he had married in 1877. By her first marriage, slie had one child, Mrs. Lamb, and, with the daughter of the latter, Mrs. Du Sossoit, the four named resided together in the family home. The two brothers of the deceased, had long…

2Cases cited27 opinions

  1. Gianni v. Russell Co., Inc.Supreme Court of Pennsylvania · 1924
  2. Buehler v. United States Fashion Plate Co.Supreme Court of Pennsylvania · 1921
  3. Silver v. GravesMassachusetts Supreme Judicial Court · 1911
  4. Cridge's EstateSupreme Court of Pennsylvania · 1927
  5. Blount v. WheelerMassachusetts Supreme Judicial Court · 1908

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3Cited by24 opinions

  1. Lombardo v. Gasparini Excavating Co.Supreme Court of Pennsylvania · 1956
  2. Boyd EstateSupreme Court of Pennsylvania · 1958
  3. South Florida Lumber Mills v. BreuchaudCourt of Appeals for the Fifth Circuit · 1931
  4. Newland v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1934
  5. Snyder v. CearfossCourt of Appeals of Maryland · 1947

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