Pittsburg, Fort Wayne & Chicago Railway Co. v. Shaeffer
Supreme Court of Pennsylvania
Error to the District Court of tíis county of Allegheny: No. 149, to October and November Term 1866. This was an action of debt in which the writ issued June 26th 1865. It was brought by The Pittsburg, Eort Wayne and Chicago Railway Company against Charles A. Shaeffer, John N. Shaeffer, John Grangwisch and Andrew Kloman. Charles A. Shaeffer was not summoned, and the case was tried against the other defendants.
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Error to the District Court of tíis county of Allegheny: No. 149, to October and November Term 1866. This was an action of debt in which the writ issued June 26th 1865. It was brought by The Pittsburg, Eort Wayne and Chicago Railway Company against Charles A. Shaeffer, John N. Shaeffer, John Grangwisch and Andrew Kloman. Charles A. Shaeffer was not summoned, and the case was tried against the other defendants. The plaintiffs declared on the bond to them from Charles A. Shaeffer, as their cashier, and the other defendants, as his sureties, dated May 1st 1862, in the penalty of $10,000. The…
1Opinion of the Court
The opinion of the court was delivered, January 4th 1869, by
Sharswood, J.
The rule is well settled that mere forbearance by the creditor to the principal debtor, however prejudicial it'may be to the surety, will not have the effect of discharging him from his liability: United States v. Simpson, 3 Penna.R. 437. That this is the general principle was admitted by the learned judge in the court below, but he thought that the sureties of a railroad officer, charged with the receipt and disbursement of various sums of money, formed an exception, and that in such a case it was the duty of the…
2Cases cited2 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- United States v. VanzandtSupreme Court of the United States · 1826
3Cited by6 opinions
- Peurifoy, Rec'r v. LoyalSupreme Court of South Carolina · 1930
- Charlotte, Columbia & Augusta Railroad v. GowSupreme Court of Georgia · 1877
- American Bonding Co. v. Spokane Building & Loan Soc.Court of Appeals for the Ninth Circuit · 1904
- Alabama Fidelity & Casualty Co. v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1914
- National Bank v. Rochester Tumbler Co.Supreme Court of Pennsylvania · 1896
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