Legal Opinion

Morrison v. Curry

Superior Court of Pennsylvania

Decided July 20, 1910No. Appeal, No. 6PublishedCited by 4 opinions

Appeal, No. 6, April T., 1910, by plaintiff) from judgment of C. P. Jefferson Co., April Term, 1908, No. 295, on verdict, for defendant in case of G. A. Morrison, Executor of James McGee, deceased, v. C. A. Curry, Executor of Gurnie Curry. Assumpsit to recover moneys which it was alleged plaintiff’s testator had been compelled to pay as a surety of defendant’s testator. Before Reed, P. J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 6, April T., 1910, by plaintiff) from judgment of C. P. Jefferson Co., April Term, 1908, No. 295, on verdict, for defendant in case of G. A. Morrison, Executor of James McGee, deceased, v. C. A. Curry, Executor of Gurnie Curry. Assumpsit to recover moneys which it was alleged plaintiff’s testator had been compelled to pay as a surety of defendant’s testator. Before Reed, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendant. Plaintiff appealed. Errors assigned were (2-7) various portions of the charge, and (8, 9) ruling as to the…

1Opinion of the Court

Opinion by

Morrison, J.,

Counsel for appellant states in his history of the case that about April 1, 1904, Blair Curry and his brother, Gurnie Curry, bought out William A. McGee’s hotel business, known as the Benson Hotel, at Anita Mines, Jefferson county, Pennsylvania. They paid him $5,000 consideration therefor — Blair paying about $100 and Gurnie some $636 thereof — and secured the balance from other sources — $3,500 being borrowed by Blair from a bank on a judgment note on which James McGee and others were his sureties. The $3,500 note having been discounted by the bank for the firm on…

2Cases cited5 opinions

  1. Graeff v. HitchmanSupreme Court of Pennsylvania · 1836
  2. Siegel v. ChidseySupreme Court of Pennsylvania · 1857
  3. Hill v. VoorhiesSupreme Court of Pennsylvania · 1853
  4. Brooke v. EvansSupreme Court of Pennsylvania · 1836
  5. Donnally v. RyanSupreme Court of Pennsylvania · 1862

3Cited by4 opinions

  1. Commonwealth Trust Co. v. SzaboSupreme Court of Pennsylvania · 1957
  2. In re GinsbergCourt of Appeals for the Third Circuit · 1955
  3. Johnson v. WellerSuperior Court of Pennsylvania · 1913
  4. In the Matter of Stanley Ginsberg and Henry Ginsberg, Individually and as Copartners Now or Late Trading as Hensten Appliance Co., Bankrupts. Appeal of Stanley Ginsberg and Henry GinsbergCourt of Appeals for the Third Circuit · 1955

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