Bank v. Douglass
Supreme Court of Pennsylvania
APPEAL from the common pleas of Dauphin county. This was an appropriation of the proceeds of the sale of the real estate of John Douglass. The claimants were the Harrisburg Bank and James Wilson. The judgments stood thus: George Parson v. John Douglass. Judgment 4000 dollars.
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APPEAL from the common pleas of Dauphin county. This was an appropriation of the proceeds of the sale of the real estate of John Douglass. The claimants were the Harrisburg Bank and James Wilson. The judgments stood thus: George Parson v. John Douglass. Judgment 4000 dollars. Entered the 9th of March 1831. This judgment was given to the plaintiff by the defendant as an indemnity to him for indorsing two notes of 770 dollars and 900 dollars, to the Harrisburg Bank: and in December 1834 the plaintiff, George Parson, assigned it to the Harrisburg Bank, the two notes not having been paid. James…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
—The error below was in treating the bank as if it stood by the assignment of the. judgment confessed by Douglass to Parson, as a surety indemnified against its own debt, and not entitled to proceed on the security till the surety were damnified by being compelled to pay. If such were the law, the surety could not, with any effect, assign such a judgment to the creditor as a collateral security; for the debt would be extinguished by the only act which could give the judgment vitality. Even were payment necessary to impart such vitality,…
2Cases cited1 opinion
- Roosevelt v. MarkNew York Court of Chancery · 1822
3Cited by6 opinions
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- Stroh v. KimmelSupreme Court of Pennsylvania · 1839
- Bamford v. KeeferSupreme Court of Pennsylvania · 1871
- Ross v. Waite ParksSuperior Court of Pennsylvania · 1924
- Holfelder v. SchrammSupreme Court of Pennsylvania · 1917
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