Bryar v. Harrison
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of assumpsit brought by John Harrison against James Bryar, to recover the sum of $1000, with interest, on which the court below entered judgment against the defendant for want of a sufficient affidavit of defence.
Read the full summary
Error to the District Court of Allegheny county. This was an action of assumpsit brought by John Harrison against James Bryar, to recover the sum of $1000, with interest, on which the court below entered judgment against the defendant for want of a sufficient affidavit of defence. The case was this: — On the 4th of December 1855, James Bryar was licensed by the Quarter Sessions of Allegheny county to sell and retail vinous and spirituous liquors for one year under the Act of April 1855, and gave bond with warrant of attorney in the sum of $1000, conditioned for the faithful observance of all…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
— The affidavit of defence does not deny the contract, as set out in the copy of the certificate of deposit filed, and there certainly is nothing illegal in the transaction as it appears upon the face of that paper. No rule of law or of public policy forbade an indemnity to Bryar’s surety. The affidavit, however, avers that it was agreed between the parties that Bryar should sell to Harrison his interest in a liquor store, and that he should have the privilege of selling liquors in said store under the vendor’s license, and that the said sum…
2Cited by1 opinion
- Pennsylvania Railroad v. Midvale Steel Co.Supreme Court of Pennsylvania · 1902