Quaker City National Bank v. O'Callaghan

Opinion by

Keller, J.,

This was an action of assumpsit on a written contract of suretyship under seal. See Lorah v. Nissley, 156 Pa. 329. The court below entered judgment for want of a sufficient affidavit of defense.

Since the passage of the Act of July 24, 1913, P. L. 971, the contract must be construed as one of surety-ship, not guaranty: Miners State Bank v. Auksztokalnis, 283 Pa. 18; Sullivan Smythfield Co. v. Welsh, 91 Pa. Superior Ct. 413. It was not necessary, therefore, to proceed against the principal before bringing suit against the surety: Supplee v. Herrman, 16 Pa. Superior Ct. 45.

Th…