Baily v. Brownfield
Supreme Court of Pennsylvania
Error to the Common Pleas of JPayette county. This was a scire facias on a judgment obtained by The Monongahela Bank of Brownsville v. William Baily. It was issued for the use of Basil Brownfield, against Baily, the defendant.
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Error to the Common Pleas of JPayette county. This was a scire facias on a judgment obtained by The Monongahela Bank of Brownsville v. William Baily. It was issued for the use of Basil Brownfield, against Baily, the defendant. The suit in which the judgment was obtained was brought to June term, 1841, on a promissory note for $1500. April 5, 1841, judgment was entered for $1580.63. William Baily and Basil Brownfield, in the fall of 1839, entered into a partnership for the purpose of buying, driving, killing, and salting hogs, and conveying the pork to Baltimore, and there selling it. The sum…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
The entry of satisfaction on a judgment collected by execution from a surety, such entry not being made at the instance of the surety, is no ground for refusing subrogation. Whether the fact of payment does or does not appear on the record, it cannot be allowed to have any influence on the rights of the parties, except what equity gives it.
It is also true that in this state a surety who has paid a debt secured by judgment against the principal, and who is in other respects entitled to be substituted to the rights of the creditor, may revive…
2Cited by6 opinions
- Hampton v. Congress Building & Loan Ass'nSupreme Court of Pennsylvania · 1930
- Schantz v. ClemmerSupreme Court of Pennsylvania · 1946
- Hutcheson v. ReashSuperior Court of Pennsylvania · 1900
- Herron v. HerronSuperior Court of Pennsylvania · 1916
- Bryn Mawr Tr. Co. v. Cole (Haydock Et Ux.)Supreme Court of Pennsylvania · 1932
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