Culp v. Fisher
Supreme Court of Pennsylvania
APPEAL from the circuit court of Northumberland county. In this case Samuel Culp was plaintiff; and William Kase, administrator of Henry Fisher, defendant. The action is in debt on a bond of 4000 dollars, dated the 8th of April 1814, and was given by Joseph Fox as principal, and Henry Fisher, the defendant’s intestate, and Alia John as sureties, to the plaintiff Samuel Culp, and in its terms is joint and several.
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APPEAL from the circuit court of Northumberland county. In this case Samuel Culp was plaintiff; and William Kase, administrator of Henry Fisher, defendant. The action is in debt on a bond of 4000 dollars, dated the 8th of April 1814, and was given by Joseph Fox as principal, and Henry Fisher, the defendant’s intestate, and Alia John as sureties, to the plaintiff Samuel Culp, and in its terms is joint and several. An Pemberton, of the city of Philadelphia, sold and conveyed in fee simple to Joseph Fox two tracts of land lying in Shamokin township in Northumberland county, containing in the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The letter of Mr Tilghman was very properly rejected. It at most would only have tended to show the willingness of Mrs Pemberton to give releases to those who had bought parts of the lands mortgaged to her, from Joseph Fox, upon their coming forward and paying to her the money, that they were to pay to Fox for the lands, until her mortgage was paid off; but unless it had been shown also, that she had released Samuel Culp’s land by carrying such proposition into effect, it could not avail the defendant in this case any. thing, to show that…
2Cases cited4 opinions
- Ruggles v. PattenMassachusetts Supreme Judicial Court · 1812
- White v. DingleyMassachusetts Supreme Judicial Court · 1808
- Sewall v. SparrowMassachusetts Supreme Judicial Court · 1819
- Upham v. SmithMassachusetts Supreme Judicial Court · 1811
3Cited by4 opinions
- Ingersoll v. SergeantSupreme Court of Pennsylvania · 1836
- Taylor's Executors v. MarisSupreme Court of Pennsylvania · 1835
- Horvitch v. EatonSuperior Court of Pennsylvania · 1912
- Hinds v. AllenSupreme Court of Connecticut · 1867