Fleming v. Parry
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. This tvas an action of debt by Thomas Hind and Andrew Fleming, administrators of the estate of Andrew Fleming, deceased, vs. John.
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ERROR to the District Court of Allegheny county. This tvas an action of debt by Thomas Hind and Andrew Fleming, administrators of the estate of Andrew Fleming, deceased, vs. John. C. Parry, to recover the amount alleged to be due upon a bond given by the defendant to Andrew Fleming in his lifetime, in the penal sum of $9000, conditioned for the payment of $4820.on or before the 1st day of April, 1837. The bond was dated the day of August, 1836. Its consideration was the purchase of certain lots of ground in Pittsburgh. On the bond a number of payments were endorsed, reducing the amount of the…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J.
This is an action of debt on bond, and the question is, whether entry of satisfaction on the record of an accompanying mortgage, given for the same debt, was discharge of the bond.
It is material to observe that this question arises between the *50original parties, and involves the rights of no creditors, assignees, or third parties whatever. The general principles stated by the learned judge are incontrovertible; but the mistake consisted in supposing that they ruled the question. A bond and mortgage, taken for the same debt, though distinct…
2Cited by32 opinions
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- Grakelow v. NashSuperior Court of Pennsylvania · 1929
- Morgan Guaranty Trust Co. of New York v. MowlSuperior Court of Pennsylvania · 1998
- Medin v. BrookfieldSouth Dakota Supreme Court · 1938
- Meigs v. BuntingSupreme Court of Pennsylvania · 1891
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