Williamson v. McClure
Supreme Court of Pennsylvania
Error, to the Common Pleas of JSrie county. This was an action of assumpsit brought by Mahlon Williamson and Horatio N. Burroughs, partners doing business as Williamson & Burroughs, against John McClure, Jr. To a narr. in assumpsit and a copy of claim filed, the defendant pleaded “payment with leave, &c.”
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Error, to the Common Pleas of JSrie county. This was an action of assumpsit brought by Mahlon Williamson and Horatio N. Burroughs, partners doing business as Williamson & Burroughs, against John McClure, Jr. To a narr. in assumpsit and a copy of claim filed, the defendant pleaded “payment with leave, &c.” The case was this: Williamson & Burroughs, the plaintiffs, held the bonds and certificates of indebtedness of the Erie Canal Company, amounting in the aggregate to $7675.26, the payment of which, by the company, upon the 1st day of January 1850, the defendant, John McClure, had guarantied.…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, J.
The plaintiffs insist that they were not bound to surrender portions of the guarantied bonds in response to payments received from the collaterals assigned to them, unless the defendant first requested or demanded such surrender. The defendant, on the other hand, maintains that their agreement was absolute to surrender as fast as payments were made, and that by failing to do so, the plaintiffs made themselves liable to him for the bonds. The court adopted this view, and the result was a verdict against the plaintiffs for $1340.32.
The…
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