Warriner v. Mitchell
Pennsylvania Court of Common Pleas, Bradford County
No. 202 January Term 1889, Sup. Ct.; court below, No. 900 May Term 1883, C. P. On May 3, 1883, judgment was entered in favor of F. H. Warriner against James M. Mitchell and Austin Mitchell, upon a bond and warrant dated May 27, 1882, in the sum of $5,000, conditioned that the obligors should indemnify the obligee against the payment of any and all outstanding indebtedness of the late firm of Mitchell & Warriner, composed of James M. Mitchell and F. H. Warriner, and any and…
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No. 202 January Term 1889, Sup. Ct.; court below, No. 900 May Term 1883, C. P. On May 3, 1883, judgment was entered in favor of F. H. Warriner against James M. Mitchell and Austin Mitchell, upon a bond and warrant dated May 27, 1882, in the sum of $5,000, conditioned that the obligors should indemnify the obligee against the payment of any and all outstanding indebtedness of the late firm of Mitchell & Warriner, composed of James M. Mitchell and F. H. Warriner, and any and all cost and damage that might arise by reason of the same. Upon this judgment the plaintiff, December 7, 1887, issued a…
1Opinion of the Court
Opinion,
Mb. Justice Gbeen:
In this case the material facts were that Warriner, the plaintiff, and J. M. Mitchell, one of the defendants, had formed and conducted a partnership manufacturing business from 1877 to 1882, at which latter date the partnership was dissolved by mutual agreement. The dissolution was effected by Mitchell purchasing the interest of Warriner and agreeing to pay all the firm debts. To secure performance of tins agreement, so far as the pajunent of debts was concerned, Mitchell gave Warriner a bond of himself and Austin Mitchell, the other defendant, in the penal sum of…
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