Slaymaker v. Gundacker's Executors
Supreme Court of Pennsylvania
Error to the District Court for the city and county of Lancaster, in an action of debt on assumption, brought by Henry Slay-maker, plaintiff below, against the executors of John Gundacker, deceased, in which a verdict and judgment passed in the court below for the defendants.
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Error to the District Court for the city and county of Lancaster, in an action of debt on assumption, brought by Henry Slay-maker, plaintiff below, against the executors of John Gundacker, deceased, in which a verdict and judgment passed in the court below for the defendants. It appeared from the evidence returned with the bills of exceptions, that Henry Slaymaker, the plaintiff, John Gundacker, the defendants’ testator, and others, were directors of the Falmouth and Elizabeth Town Turnpike-road Company. This company being in debt, the directors came to a resolution to borrow money, and…
1Opinion of the Court
The opinion of the court was delivered by
Tilghman, C. J.
It docs not appear that the directors ever made an express agreement to be personally responsible to each other for their respective proportions of the money borrowed of the bank in case the company should prove insolvent. The counsel for the plaintiff offered to prove “ by the acknowledgments and admissions of several of the parties to the note of the 9th March, 1813, that the drawer and indorsers had agreed to be responsible to each other for their respective proportions of the said note, in case the funds of the company should not be…
2Cited by2 opinions
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