Northumberland County Bank v. Eyer
Supreme Court of Pennsylvania
Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Strong, J., at Nisi Prius. Writs of error to the Court of Common Pleas of Snyder county: to January Term 1867, Nos. 357, 362, 363. Three suits were brought, on the 24th of March 1864, by the Northumberland County Bank against Henry C. Eyer, on an alleged guaranty by him of three notes. The suits were tried together.
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Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Strong, J., at Nisi Prius. Writs of error to the Court of Common Pleas of Snyder county: to January Term 1867, Nos. 357, 362, 363. Three suits were brought, on the 24th of March 1864, by the Northumberland County Bank against Henry C. Eyer, on an alleged guaranty by him of three notes. The suits were tried together. The notes were as follows:— “ $300. Selinsgrove, Oct. 28th 1863. — Sixty days after date I promise to pay to the order of John Noll three hundred dollars, at the Northumberland County Bank, without defalcation or dis-for value…
1Opinion of the Court
The opinion of the court was delivered, February 3d 1868, by
Sharswood, J.
These were actions on three several guaranties by the defendant in error, who was also the defendant below, on promissory notes drawn by Peter Henninger in favor of, and purporting to be endorsed by, John Noll. On the trial in the court below the plaintiffs having proved the signatures of the defendant, and given evidence that Peter Henninger, the maker of the note, was insolvent and had absconded, offered the record of ah action by the plaintiffs against John Noll, and proved a notice in writing from their attorney of…
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