Weaver v. Shryock
Supreme Court of Pennsylvania
In Error. THIS case came before the Court on a writ of error to Franklin county, and appeared to be as follows : ., _ .. _ . . # . Simon Hailman and James Brotherton, gave their joint bond to the plaintiffs in error for a sum of money lent by them t0 Hailman. /Brotherton was merely the security of . J J Hailman, and received no part of the money, i he bond was 10th November, 1802, and payable on demand, with interest from the date.
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In Error. THIS case came before the Court on a writ of error to Franklin county, and appeared to be as follows : ., _ .. _ . . # . Simon Hailman and James Brotherton, gave their joint bond to the plaintiffs in error for a sum of money lent by them t0 Hailman. /Brotherton was merely the security of . J J Hailman, and received no part of the money, i he bond was 10th November, 1802, and payable on demand, with interest from the date. Brotherton died on the 18th February, , , . . , ,. . , - , , 1807. Hailman, the surviving obligor, paid part ofthe debt on ^ jpth February, 1812, after which, and…
1Opinion of the Court
*264The opinion of the Court was delivered by
Tilghman, C. J
It is admitted, that the defendants not be liable at law, the debt having survived against surviving obligor. But it is contended, that in equity the executors °f the deceased obligor are liable, because it appears from the nature of the case, that both obligors intended t0 themselves jointly and severally. To say that such was their intention is begging the question. It should rather be supposed, that they knew the difference between a joint obligation, and one that is joint and several. The former is more favourable to the security than…
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