Strohecker v. Farmers' Bank
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Berks county.1 June 15. In tbe court below, tbe Farmers’ Bank of Beading brought an action of covenant against John Strohecker’s administrator on tbe following assignment by John Strohecker, on a bond given by William Sharman to Daniel Strohecker: “For a valuable consideration to me in hand paid, by the Farmers’ Bank of Beading, (and by virtue of a letter of attorney from Daniel Strohecker and Leah Strohecker, his wife, to me, dated tbe…
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Error to tbe Common Pleas of Berks county.1 June 15. In tbe court below, tbe Farmers’ Bank of Beading brought an action of covenant against John Strohecker’s administrator on tbe following assignment by John Strohecker, on a bond given by William Sharman to Daniel Strohecker: “For a valuable consideration to me in hand paid, by the Farmers’ Bank of Beading, (and by virtue of a letter of attorney from Daniel Strohecker and Leah Strohecker, his wife, to me, dated tbe thirty-first day of August, A. d. 1820; and duly recorded in the office for recording of deeds, &c., at Beading, Berks county, in…
1Opinion of the CourtBell, J.
The undertaking of the plaintiff’s intestate to pay the amount of the bond to the Farmers’ Bank, with all charges accruing thereon, “ in case ’the same cannot be recovered of the within bound William Sharman,” is in the nature of a contract of guaranty, which always implies the due prosecution of the claim at law against the debtor, and that this has failed of success, without any default in the party holding the guaranty, before the latter can call on the guarantor. The very terms of the contract sued on here, require the due exercise of this diligence; but it also promises eventual payment…
2Cases cited4 opinions
- Cumpston v. McNairNew York Supreme Court · 1828
- Strohecker v. Farmers' BankSupreme Court of Pennsylvania · 1839
- Strohecker v. Farmers' BankSupreme Court of Pennsylvania · 1837
- Farmers' Bank v. StroheckerSupreme Court of Pennsylvania · 1840
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