Wolf v. Fink
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Washington county. This was an action of assumpsit in the court below, brought by the defendants in error to November term, 1842, against James W. Stewart, Peter Kennedy, and David Wolf, on a promissory note, of which the following is a copy: Washington, September 2d, 1837. — Six months after date, we promise to Peter and Abner Fink three hundred dollars without defalcation or stay of execution, for value received.
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Error to the Court of Common Pleas of Washington county. This was an action of assumpsit in the court below, brought by the defendants in error to November term, 1842, against James W. Stewart, Peter Kennedy, and David Wolf, on a promissory note, of which the following is a copy: Washington, September 2d, 1837. — Six months after date, we promise to Peter and Abner Fink three hundred dollars without defalcation or stay of execution, for value received. James W. Stewart, Peter Kennedy, David Wolf. Stewart was the drawer of the note, Wolf and Kennedy the sureties. On the 8th day of February,…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
- This was an action of assumpsit to recover the amount of a promissory note given by James W. Stewart, the drawer, and Peter Kennedy and David Wolf, sureties, to Peter and Abner Fink. The cause was • referred to arbitrators, who awarded-in favour of plaintiffs, against James W. Stewart, the drawer, and David Wolf, one of the sureties, and in favour of Peter Kennedy, the other surety. From this award, Wolf, the surety, and one of the defendants,- appealed. No appeal was entered by plaintiff nor by the other defendants. The cause therefore was…
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