Gardner v. Ferree
Supreme Court of Pennsylvania
in error. Error to the Court of Common Pleas of Adams county. Jacob Ferree, the plaintiff below and defendant in error, brought this suit against Jacob Gardner and John Wiseman, administrators of Martin Gardner, deceased, the defendants below and plaintiffs in error, on a joint and several bond given hy William Gardner and Martin Gardner, dated the 1st of April, 1816, conditioned for the payment of two hundred and fifty dollars and forty-seven cents, with interest, and it…
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in error. Error to the Court of Common Pleas of Adams county. Jacob Ferree, the plaintiff below and defendant in error, brought this suit against Jacob Gardner and John Wiseman, administrators of Martin Gardner, deceased, the defendants below and plaintiffs in error, on a joint and several bond given hy William Gardner and Martin Gardner, dated the 1st of April, 1816, conditioned for the payment of two hundred and fifty dollars and forty-seven cents, with interest, and it was tried under the plea of payment with leave, and a verdict given for the plaintiff below. The facts were stated in the…
1Opinion of the Court
The opinion of the court, (Tilgiiman,* C. J. taking no part in the judgment, having been indisposed during the argument,) was delivered by
Gibson, J.
Courts of equity have gone to an extreme in favour of sureties, often granting relief for a constructive equity, the existence of which the surety himself did not even suspect. I would be unwilling, in cases of this sort, to go beyond the rule in Cope v. Smith, 8 Serg. & Rawle, 110, that the surety shall be exonerated only where the obligee has refused to bring suit, or, (what I take to be the same thing,) to suffer the surety to do it in his…
2Cases cited1 opinion
- Cope v. SmithSupreme Court of Pennsylvania · 1822
3Cited by2 opinions
- Erie Bank v. GibsonSupreme Court of Pennsylvania · 1832
- Harvey v. Turner & Co.Supreme Court of Pennsylvania · 1833