Kemmerer v. Wilson
Supreme Court of Pennsylvania
Error, to the Common Pleas of Lehigh county. This was an action of covenant by Martin Kemmerer against Thomas B. Wilson, on a contract of guarantee, under seal, dated the 11th April 1843, hut executed on the 11th April 1842; whereby the defendant guarantied to the plaintiff the payment of $1000, with interest, loaned by him to the Northampton Bank, and to be repaid in one year, with interest.
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Error, to the Common Pleas of Lehigh county. This was an action of covenant by Martin Kemmerer against Thomas B. Wilson, on a contract of guarantee, under seal, dated the 11th April 1843, hut executed on the 11th April 1842; whereby the defendant guarantied to the plaintiff the payment of $1000, with interest, loaned by him to the Northampton Bank, and to be repaid in one year, with interest. On the 11th April 1842, the Northampton Bank assigned to the plaintiff the bond of Peter Hubei’, Abraham Worman, and Abraham Worman, Jr., of the same date, in favour of the bank, conditioned for the…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
It is a mistake to suppose that the instrument on which this action is brought is a guarantee of the bond of Huber and others. It is certainly a guarantee, and not an original undertaking, because the word “ guarantee” is used in it without any words tending to show that it was not used in its ordinary sense. The contract guarantied is described in the guarantee to be one in which there was an obligation to pay to Martin Kemmerer “ the sum of one thousand dollars, with interest, in gold or silver coin, on the said first day of April, A. D.…
2Cited by3 opinions
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- Atalanta Corp. v. Ohio Valley Provision Co.Superior Court of Pennsylvania · 1979
- Warburton v. Trust Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1909