Miller & Reist v. Kreiter ex rel. Bomberger
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of May Term 1874, No. 19. This was an action of assumpsit, brought January 25th 1872, by C. W. Kreiter to the use of Isaac F. Bomberger, against S. C. Miller and A. H. Reist, on a joint and several non-negotiable note, dated January 9th 1871, payable to Kreiter in one year for $2000. The defendants pleaded payment with leave, &c., and set-off.
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Error to the Court of Common Pleas of Lancaster county: Of May Term 1874, No. 19. This was an action of assumpsit, brought January 25th 1872, by C. W. Kreiter to the use of Isaac F. Bomberger, against S. C. Miller and A. H. Reist, on a joint and several non-negotiable note, dated January 9th 1871, payable to Kreiter in one year for $2000. The defendants pleaded payment with leave, &c., and set-off. The defendants and Kreiter had been in business together as partners, and, on arranging their business, this note was given by the defendants to Kreiter for his interest in the firm. It was agreed…
1Opinion of the CourtJustice Gordon
Reist, the defendant, by his endorsement of the note drawn by Kreiter to Hostetter, became surety for Kreiter. Hence, as soon as the note was protested, June 10th 1871, and Reist’s liability as endorser became fixed and absolute, he was entitled to call upon the maker to exonerate him from such liability, and that even before demand was made upon him for payment: Beaver v. Beaver, 11 Harris 167. His right of set-off, as against any claim Kreiter had against him, may be said to have originated from this period. When, therefore, he paid the note on which he was endorser, May 20th 1873, he was,…
2Cases cited2 opinions
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3Cited by8 opinions
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- First N. Bk. of Bangor v. Bangor Tr. Co.Supreme Court of Pennsylvania · 1929
- Witherow v. WeaverSupreme Court of Pennsylvania · 1940
- Cochran v. CutterSuperior Court of Pennsylvania · 1901
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