Snevily v. Johnston
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Dauphin county. John Johnston, for the use of Jacob Rehum, against John Snevily. Appeal from the judgment of a justice.
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ERROR to the Common Pleas of Dauphin county. John Johnston, for the use of Jacob Rehum, against John Snevily. Appeal from the judgment of a justice. Plaintiff stated that he sued to recover the sum of $93.05, due on a promissory note, drawn by Mentor Perdue, dated December 21st, 1838; whereby said Perdue promised to pay to the order of John Johnston, sixty days after date, the sum of $93.05, which said note, the said John Snevily endorsed and guaranteed the payment of to said John Johnston, by his written agreement, made the day and year aforesaid, in the following words, viz.: “ I guarantee…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
It would be useless to discuss the errors which have been filed, as there is onb principle which is decisive of this case. Where the guaranty or promise, though collateral to the principal contract, is made at the same time with the principal contract, and becomes ah essential ground of the credit given to the principal debtor, the whole is one original and entire transaction, and the consideration extends and sustains the promise of the principal debtor, and also of the guarantor. No other consideration need be shown, than that for the…
2Cases cited3 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Nelson v. DuboisNew York Supreme Court · 1816
- Bailey v. FreemanNew York Supreme Court · 1814
3Cited by4 opinions
- Miners State Bank v. AuksztokalnisSupreme Court of Pennsylvania · 1925
- Woods v. ShermanSupreme Court of Pennsylvania · 1872
- Westinghouse Electric & Manufacturing Co. v. WilsonSuperior Court of Pennsylvania · 1916
- GGIS Insurance Services, Inc. v. Lincoln General InsuranceDistrict Court, M.D. Pennsylvania · 2011