Warfel v. Frantz
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of May Term 1874, No. 43. On the 14th of June 1870, Abraham M. Frantz and Mary Ann his wife to her use brought an action of debt against Abraham Scheetz and Jacob F. Warfel.
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Error to the Court of Common Pleas of Lancaster county: Of May Term 1874, No. 43. On the 14th of June 1870, Abraham M. Frantz and Mary Ann his wife to her use brought an action of debt against Abraham Scheetz and Jacob F. Warfel. The cause of action was a bond, to wit:— “ Know all men by these presents, that I, Abraham Scheetz, of, &c., and Plenry Scheetz and Jacob F. Warfel, of, &c., are held and firmly bound unto Mary Ann Frantz, of, &e., in the sum of eight hundred dollars, lawful money of Pennsylvania, to be paid to the said Mary Ann Frantz, or to her certain attorney, &e., to which…
1Opinion of the CourtJustice Williams
July 2d 1874.
*91The verdict of the jury establishes the fact that the defendant was not induced to sign the bond by false representations or misstatements of the plaintiff’s husband and agent. He was, therefore, liable as surety for the amount of the bond, though it was not signed by one of the co-sureties named therein, unless its delivery was conditional, and only to become absolute upon obtaining his signature. Its possession by the plaintiff was primfi facie evidence of its actual delivery, and the burden of showing that it was delivered as an escrow was on the defendant. Whether its…
2Cited by4 opinions
- Whitaker v. RichardsSupreme Court of Pennsylvania · 1890
- Haney v. MooreheadSuperior Court of Pennsylvania · 1915
- Bassick Co. v. Bright, Pennsylvania Court of Common Pleas, Schuylkill County1926
- Commonwealth v. Olloman, Pennsylvania Court of Common Pleas, Washington County1934