McDermott v. Byrley Supply Company

Opinion of the Court by

Judge Dietzman

Reversing.

The appellee brought this suit against the appellant to recover for goods, wares, and merchandise which it had sold to the John S. Lusk & Co., the payment for which the appellant had guaranteed in writing. After these goods had been sold and delivered to the John S. Lusk & Co., it went into bankruptcy. The defense relied upon in the trial of this case was that the appellee had filed in the Lusk bankruptcy proceedings a proof of claim for the account herein sued upon and had received from the estate of John S. Lusk & Co. a dividend of 62 per cent.…