Holfelder v. Schramm
Supreme Court of Pennsylvania
Appeal, No. 125, Oct. T., 1916, by plaintiff, from judgment of C. P. Allegheny Co., May T., 1910, No. 749, refusing to take off compulsory nonsuit in case of John Holfelder v. Peter Schramm. Trespass for damages resulting from alleged illegal execution. The facts appear by the opinion of the Supreme Court. The trial judge entered a nonsuit which the court subsequently refused to take off. Plaintiff appealed. Error assigned, among others, was in entering a compulsory nonsuit.
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
On February 3, 1906, John Holfelder, the appellant, borrowed $400 from Matthew Stoll on a judgment note, and Peter Schramm, the appellee, became his surety on the obligation. On the same day Holfelder gave Schramm his judgment note for $400 to indemnify him as surety. It was payable one day after date and contained a waiver of the obligor’s right to any exemption of his personal property from levy and sale on execution. When the note given to Stoll matured, in 1908, Holfelder failed to pay it, and it was renewed for two years,. ■ Schramm becoming surety on…
2Cases cited2 opinions
- Bank v. DouglassSupreme Court of Pennsylvania · 1835
- McCann v. FarleySupreme Court of Pennsylvania · 1856