Barrington v. Bank of Washington
Supreme Court of Pennsylvania
IN ERROR. The record of this case being returned on a writ of error to the Court of Common Pleas of Fayette county, accompanied by several bills of exceptions, it appeared that The'Bank of Washington, the defendants in error, brodght an action of debt against the plaintiffs in error, John Barrington, Daniel Moore, and John Hughes, surviving obligors of Thomas Jtcheson, upon a bond in the penal sum of thirty thousand dollars, conditioned that the said John Barrington should “…
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IN ERROR. The record of this case being returned on a writ of error to the Court of Common Pleas of Fayette county, accompanied by several bills of exceptions, it appeared that The'Bank of Washington, the defendants in error, brodght an action of debt against the plaintiffs in error, John Barrington, Daniel Moore, and John Hughes, surviving obligors of Thomas Jtcheson, upon a bond in the penal sum of thirty thousand dollars, conditioned that the said John Barrington should “ well and truly perform the duties of cashier of the bank, to the best of his abilities.” The defendants pleaded, non…
1Opinion of the Court
The opinion of the court was delivered by
Duxcan, J.
The real matter in controversy between the parties, was on the construction of the instrument declared on, as the joint obligation of the plaintiffs in error, and its binding force on them, after the material alteration, by the erasure of the name of Robert Haslett, one of the joint obligors.
The other questions are subordinate; but, as the case goes back, and all the points may be relevant, it is made the duty of this court to give an opinion on all.
The first error assigned, is to the jurisdiction of the court. The presiding Judge of the…
2Cases cited2 opinions
- Simms v. GuthrieSupreme Court of the United States · 1815
- Jordan v. CooperSupreme Court of Pennsylvania · 1817
3Cited by10 opinions
- Rogers v. Hosack's ExecutorsNew York Supreme Court · 1837
- Anderson v. First National BankNorth Dakota Supreme Court · 1897
- Hosack's Executors v. RogersNew York Supreme Court · 1840
- Abbott v. CommonwealthSupreme Court of Pennsylvania · 1839
- Stewart v. BehmSupreme Court of Pennsylvania · 1834
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