Legal Opinion

Kuhns v. Westmoreland Bank

Supreme Court of Pennsylvania

Decided October 15, 1833PublishedCited by 5 opinions

ERROR to Westmoreland county. This was an action by the Westmoreland Bank of Pennsylvania against the administrators of John Kuhns deceased, upon a note of 5 th of March 1833, for 1530 dollars, of John Schaeffer to John Kuhns, and indorsed by him to the plaintiff, by whom it was discounted, and regularly protested for non-payment.

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ERROR to Westmoreland county. This was an action by the Westmoreland Bank of Pennsylvania against the administrators of John Kuhns deceased, upon a note of 5 th of March 1833, for 1530 dollars, of John Schaeffer to John Kuhns, and indorsed by him to the plaintiff, by whom it was discounted, and regularly protested for non-payment. The defendants gave in evidence that the note in question was originated on the 20th of July 1814, and was then for 4000 dollars, and had been renewed many times up to the date of the note on which the suit was brought; which was the last renewal. Thatwhenthenote…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

The principle, that a surety is entitled to the benefit of all the creditor’s securities, is of such universal application, that it would require strong evidence of legislative intention to make the present case an exception to it. The argument against its application is, that the lien, unlike that of the judgment sometimes given to the bank, and necessarily attached to the particular debt to protect indorsers, is created for the exclusive protection of the bank itself, *138which may therefore apply it at pleasure while it has an interest of…

2Cited by5 opinions

  1. Commercial National Bank v. HenningerSupreme Court of Pennsylvania · 1884
  2. Bedwell v. GephartSupreme Court of Iowa · 1885
  3. Mingus v. DaughertySupreme Court of Iowa · 1893
  4. Sherraden v. ParkerSupreme Court of Iowa · 1867
  5. First National Bank v. TustinSuperior Court of Pennsylvania · 1904

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