Freeman v. Sundheim

Opinion by

Mr. Justice Linn,

This is a suit by the Receiver of Franklin Trust Company, of Philadelphia, against Harry G. Sundheim on a written contract of co-suretyship executed by Sundheim, J ohn F. Sherman, Clarence L. Marks and A. M. Greenfield to secure the trust company for loans to Bankers Realty and Holding Company. Sundheim filed an affidavit of defense, defending, as to one-fourth of the claim, that plaintiff had released one of the four co-sureties and thereby had reduced defendant’s liability to three-fourths of the claim. Plaintiff moved for judgment for want of a sufficient…