Thursby v. Gray
Supreme Court of Pennsylvania
Writ of error to the Common Pleas of Northumberland county. The case was this, as stated by Mr. President Cooper, in his written opinion filed, agreeably to the act of assembly. The suit was brought in debt on bond. Plea payment with leave to give the special matter in evidence.
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Writ of error to the Common Pleas of Northumberland county. The case was this, as stated by Mr. President Cooper, in his written opinion filed, agreeably to the act of assembly. The suit was brought in debt on bond. Plea payment with leave to give the special matter in evidence. It appeared on the trial at Sunbury, 27th August 1806, that on the 8th February 1803, there was a sale of goods taken in execution as the property of James Cummings, esq., when William Spring became a purchaser to a considerable amount. On the nth February *1803, the said William Spring, together with William r #…
1Opinion of the CourtYeates, J.
said that it had been determined in the Circuit Court at Lancaster, between Dehuff and Turbett’s executors, that the grounds of the equity jurisdiction between surety and principal failed under our system, as to the point in question. No action had ever yet been framed in a court of law, in nature of a bill in equity, by a surety to compel his principal to take up the joint bond, or against the creditor to compel him to bring suit; but it had not been asserted, that no conduct whatever of the creditor should discharge the sureties.
Judgment reversed, a new trial awarded, and the record…
2Cited by4 opinions
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