City of Philadelphia v. Reeves & Cabot
Supreme Court of Pennsylvania
Eukok. to the District Court of Philadelphia. This was an action of covenant, by the City of Philadelphia against Samuel J. Reeves and Joseph Cabot, as sureties of Fort Ihrie. After a declaration in the usual form, on a covenant dated May 9th 1859, between the plaintiff and defendants, for the use of a wharf or landing at the foot of Callowhill street, on the river Delaware; the defendants craved oyer of the instrument on which suit was brought.
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Eukok. to the District Court of Philadelphia. This was an action of covenant, by the City of Philadelphia against Samuel J. Reeves and Joseph Cabot, as sureties of Fort Ihrie. After a declaration in the usual form, on a covenant dated May 9th 1859, between the plaintiff and defendants, for the use of a wharf or landing at the foot of Callowhill street, on the river Delaware; the defendants craved oyer of the instrument on which suit was brought. The plaintiffs thereupon placed on record a copy of the following instrument:— “ Memorandum. The City of Philadelphia demise to Fort Ihrie the wharf…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
— That the covenant for the payment of rent, upon which this suit was brought, imposed upon the defendants only an obligation jointly with Port Ihrie, their principal, is too clear for doubt. It is a general presumption of law, when two or more persons undertake an obligation, that they undertake jointly. Words of severance are necessary to overcome this primary presumption. In all written contracts, therefore, whether the liability incurred is joint or several, or joint and several, is to be determined by looking at the words of the…
2Cases cited1 opinion
- Phillips v. BonsallSupreme Court of Pennsylvania · 1809
3Cited by7 opinions
- Mintz v. Tri-County Natural Gas Co.Supreme Court of Pennsylvania · 1918
- Pittsley v. KingSupreme Court of Pennsylvania · 1903
- Mullin v. TrolingerMissouri Court of Appeals · 1944
- Hascsak v. LeseinskySuperior Court of Pennsylvania · 1909
- Bell v. Gaidula, Pennsylvania Court of Common Pleas, Lackawanna County1942
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