Lewisburg, Centre & Spruce Creek Railroad v. Stees
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Union county: Of January Term 1874, No. 227. This was an action of debt, brought December 9th 1871, by the Lewisburg, Centre and Spruce Creek Railroad Company, for the use of J. E. Herr, D. H. Miller and Oliver P. Mensch, against Samuel Stees.
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Error to the Court of Common Pleas of Union county: Of January Term 1874, No. 227. This was an action of debt, brought December 9th 1871, by the Lewisburg, Centre and Spruce Creek Railroad Company, for the use of J. E. Herr, D. H. Miller and Oliver P. Mensch, against Samuel Stees. The suit was on a guaranty signed by the defendant, D. H. Miller and J. E. Herr, two of the beneficial plaintiffs, Abraham Mensch and fifty-seven others, under their seals, of which the material parts are : “We the undersigned, for value received, do hereby jointly and severally bind ourselves, our heirs, &c., to…
1Opinion of the CourtJustice Sharswood
If we are to decide this cause on strict technical rules, as we have been .earnestly urged to do, in order to show that there is still such a thing as special pleading in Pennsylvania, this judgment must be reversed. The plaintiffs declared upon a joint and several bond, executed by the defendant below -with others, guaranteeing to them good and valid subscriptions to their stock to the amount of $45,000, to be applied in a certain way, and alleging a breach. To this the defendant pleaded in bar that the plaintiffs had sued upon the same bond another of the obligors, one Abraham Mensch, and…
2Cases cited2 opinions
- Comfort v. LelandSupreme Court of Pennsylvania · 1838
- Collum v. AndrewsSupreme Court of Pennsylvania · 1837
3Cited by1 opinion
- Swope v. CrawfordSuperior Court of Pennsylvania · 1901