Bamford v. Keefer
Supreme Court of Pennsylvania
January 26th 1870.* Before Thompson, C. J., Read, Sharswood and Williams, JJ. Agnew, J., at Nisi Prius. Error to the Court of Common Pleas of Northumberland county: October Term 1869. This was an action of covenant brought by John Bamford against George Keefer. George Keefer having obtained a judgment before a justice of the peace, against Israel B. Dunkelberger for $47.41, issued execution directed to John Bamford, constable, who returned “ no goods.”
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January 26th 1870.* Before Thompson, C. J., Read, Sharswood and Williams, JJ. Agnew, J., at Nisi Prius. Error to the Court of Common Pleas of Northumberland county: October Term 1869. This was an action of covenant brought by John Bamford against George Keefer. George Keefer having obtained a judgment before a justice of the peace, against Israel B. Dunkelberger for $47.41, issued execution directed to John Bamford, constable, who returned “ no goods.” Iveefer then executed the following agreement:— “ To John Bamford, constable, of Zerbe township. This certifies that I hereby indemnify you…
1Opinion of the Court
The opinion of the court was delivered,
by Read, J.
In this case the court below directed the jury to find a verdict in favor of the defendant, but delivered no opinion *391and assigned no reasons. We are therefore obliged to collect the nature of the plaintiff’s claim, and of the defendant’s defence, from the meagre record before us, assisted by the paper-books of the parties.
It is undoubtedly the law, that a promise of indemnity is broken by the recovery of a judgment, against the person to whom the promise was made, and he may maintain an action upon it without proof of payment of the judgment:…
2Cases cited2 opinions
- Stroh v. KimmelSupreme Court of Pennsylvania · 1839
- Bank v. DouglassSupreme Court of Pennsylvania · 1835
3Cited by3 opinions
- McAbee v. CribbsSupreme Court of Pennsylvania · 1899
- Bacher EstatePennsylvania Orphans' Court, Philadelphia County · 1949
- Ritter v. Stricker, Pennsylvania Court of Common Pleas, Dauphin County1934