Moore v. Hepburn
Supreme Court of Pennsylvania
In error from the Common Pleas of Cumberland. ■ June 9. Case stated. The present action was against ,S. Hepburn, co-obligor of Curts and J. Hepburn on a note sealed by the three, dated in 1832. Subject to the question of the competency of the evidence, it was agreed that in 1833 and 1834, the present defendant had conveyed all his interest in the firm, that gave this bond, to one Coryell, who conveyed to J. Hepburn.
Read the full summary
In error from the Common Pleas of Cumberland. ■ June 9. Case stated. The present action was against ,S. Hepburn, co-obligor of Curts and J. Hepburn on a note sealed by the three, dated in 1832. Subject to the question of the competency of the evidence, it was agreed that in 1833 and 1834, the present defendant had conveyed all his interest in the firm, that gave this bond, to one Coryell, who conveyed to J. Hepburn. These instruments were not in the paper-book, but they were stated by counsel to have been made subject to the debt now in question. After these conveyances the plaintiff issued…
1Opinion of the CourtBell, J.
The act of 6th April, 1830, by virtue of which the plaintiff claims to sustain the present action, though by its terms apparently confined to actions brought against joint and several obligors, has been held for a very sufficient reason to extend to and embrace the case of a joint obligation like the present; Lewis v. Williams, 6 Whart. 264. The only question, therefore, presented by the case stated, is, whether, in other respects, the present action is within the purview of the law. It is undoubtedly a remedial statute, and to be liberally construed in avoidance of the mischief it was…
2Cases cited1 opinion
- Lewis v. WilliamsSupreme Court of Pennsylvania · 1841
3Cited by4 opinions
- Bennett's Estate v. SproulCourt of Appeals for the Third Circuit · 1930
- Murtland v. FloydSupreme Court of Pennsylvania · 1893
- Van Zandt v. WintersSuperior Court of Pennsylvania · 1903
- Bailey v. City of New Castle, Pennsylvania Court of Common Pleas, Lawrence County1937