Brown v. Marmaduke
Supreme Court of Pennsylvania
Appeal, No. 327, Jan. T., 1913, by defendant, from judgment of C. P. Huntingdon Co., Dec. T., 1911, No. 7, on directed verdict for plaintiff, in case of Hermine Pauline Brown, Harry Brown and Lewis R. Brown, Executors of Philip Brown, Deceased, v. Frances Marmaduke, Executrix of John A. Brown, Deceased. Assumpsit by a surety to recover from the executrix of his principal the amount of judgment notes which the surety was compelled to pay.
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Appeal, No. 327, Jan. T., 1913, by defendant, from judgment of C. P. Huntingdon Co., Dec. T., 1911, No. 7, on directed verdict for plaintiff, in case of Hermine Pauline Brown, Harry Brown and Lewis R. Brown, Executors of Philip Brown, Deceased, v. Frances Marmaduke, Executrix of John A. Brown, Deceased. Assumpsit by a surety to recover from the executrix of his principal the amount of judgment notes which the surety was compelled to pay. Before Woods, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiffs by direction of the court for $2,-646.71 and judgment thereon.…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of assumpsit to recover the amount *249due on two judgment notes for $1,000 each, dated October 21, 1907, payable in one year and February 3, 1908, payable in two years, tiie makers of which were John A. Brown and his father, Philip Brown, the latter the surety of the former. Isaac Lamp and Mrs. David Duncan, respectively, were the payees. The notes were not paid in the lifetime of the makers. After the death of John A. Brown, his widow, Mrs. Frances Brown, now Marmaduke, paid the money due on the notes and •they were delivered to her by the…
2Cases cited1 opinion
- Brice's AppealSupreme Court of Pennsylvania · 1880
3Cited by3 opinions
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- Levene v. LanardSuperior Court of Pennsylvania · 1937
- General Electric Credit Corp. v. ContrucciDistrict Court, W.D. Pennsylvania · 1971