Snevely v. Jones
Supreme Court of Pennsylvania
ERROR to the common pleas of JDaitphin county. A. J. Jones against John Snevely. This was an action of debt upon the guaranty of a note in which the following statement was filed: “A. J. Jones brings this suit to recover a sum of money due him by John Snevely, on a guaranty of a promissory note under seal transferred to him by John Snevely.
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ERROR to the common pleas of JDaitphin county. A. J. Jones against John Snevely. This was an action of debt upon the guaranty of a note in which the following statement was filed: “A. J. Jones brings this suit to recover a sum of money due him by John Snevely, on a guaranty of a promissory note under seal transferred to him by John Snevely. One John M. Eberman had, on the 18th of January 183S, given his promissory note under seal, for the sum of one hundred and thirty-six dollars, payable sixty days after date to John Snevely; which note the said John Snevely, by a writing on the back of the…
1Opinion of the Court
*435The opinion of the court was delivered by
Gibson, C. J.
It is true that the contract of guaranty is conditional, and that it lies on the guarantee to show performance of the condition in the first instance, as a( part of his case; insomuch that if the scales hang equal, it will be the same as if there were no proof of it at all, because the onus lies upon him. But here, though there was no evidence of the time when he became the owner of the chose, and consequently no positive evidence that he attempted to collect it in a reasonable time afterwards, was there no natural presumption, or…
2Cases cited1 opinion
- Boyd v. GordonSupreme Court of Pennsylvania · 1820
3Cited by1 opinion
- Huntress v. Boston & Maine RailroadSupreme Court of New Hampshire · 1890