Cope v. Smith
Supreme Court of Pennsylvania
, ON the 23d May, 1809, Godfrey Smith and Henry K. Helmuth, (joint merchants, trading under the firm of Smith Helmuth,) together with Henry C. Helmuth, the father of sa^ Henry K. Helmuth, and John Frederick Smith, the father of the said Godfrey Smith, became bound jointly and severally to the plaintiff, in a bond, in the penalty of 14,000 dollars, conditioned for the payment of 7,000 dollars, by the * * 7 » j said Godfrey Smith and Henry K. Helmuth, on the 23d May, 1810,…
Read the full summary
, ON the 23d May, 1809, Godfrey Smith and Henry K. Helmuth, (joint merchants, trading under the firm of Smith Helmuth,) together with Henry C. Helmuth, the father of sa^ Henry K. Helmuth, and John Frederick Smith, the father of the said Godfrey Smith, became bound jointly and severally to the plaintiff, in a bond, in the penalty of 14,000 dollars, conditioned for the payment of 7,000 dollars, by the * * 7 » j said Godfrey Smith and Henry K. Helmuth, on the 23d May, 1810, with interest from the date. Smith Es? Helmuth were the principals, and their fathers sureties, as appeared on the face of…
1Opinion of the Court
*112The leading features of their arguments, and the principal authorities cited by them, are noticed in the opinion of the Court, which was delivered by
Tilgiiman C. T.
This case may be considered under , . r . three points of view:
1. The neglect to bring suit against the principals, without regard to the request of Frederick Smith, one of the defendants.
2. The same neglect, after the request oí the said Frederick Smith.
3. The neglect to give notice of the bond to the administrators of Godfrey Smith, and demand payment of them.
I take it to be well settled, that the bare omission to bring suit…
2Cases cited4 opinions
- Pain v. PackardNew York Supreme Court · 1816
- Commonwealth v. WolbertSupreme Court of Pennsylvania · 1814
- Thursby v. GraySupreme Court of Pennsylvania · 1808
- Eddowes v. NiellSupreme Court of the United States · 1793
3Cited by12 opinions
- Warner v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Erie Bank v. GibsonSupreme Court of Pennsylvania · 1832
- Geddis v. HawkSupreme Court of Pennsylvania · 1832
- Jones v. TrimbleSupreme Court of Pennsylvania · 1832
- Huey v. PinneySupreme Court of Minnesota · 1861
7 more not listed; retrieve them via the Exa API.