Stark v. Fuller
Supreme Court of Pennsylvania
Error to the Common Pleas of Wyoming county. This was an action on the case brought in the court below, September 23d 1852, by Samuel Stark against Henry M. Fuller, administrator, &c., of Amzi Fuller, deceased, on the guaranty of the deceased, written by him on a bond which he had assigned to the plaintiff. The material facts of the case are fully set forth in the opinion of this court.
1Opinion of the Court
The opinion of the court was delivered, April 21st 1862, by
Woodward, J.
The action was upon Amzi Fuller’s guaranty of 25th March 1845. Holding a mortgage against Abel Marcy, given in 1841, for $7500, on which various payments had been made, Fuller on 25th March 1845, made a written statement that there remained due on the mortgage at that date, the sum of $824.38, and assigned the mortgage and accompanying bond for that amount to the plaintiff, Samuel Stark, 2d, and added to his assignment these words: “I guarantee said amount due, collectable in other respects at Stark’s expense and risk.” It…
2Cases cited3 opinions
- People v. MorrisNew York Supreme Court · 1835
- Erie Bank v. GibsonSupreme Court of Pennsylvania · 1832
- Hogaboom v. HerrickSupreme Court of Vermont · 1832
3Cited by8 opinions
- American Surety Co. v. BallmanCourt of Appeals for the Eighth Circuit · 1902
- Robb v. Security Trust Co.Court of Appeals for the Third Circuit · 1903
- Chester City Presbyterian Church v. ConlinSuperior Court of Pennsylvania · 1899
- Weaverling v. SmithSuperior Court of Pennsylvania · 1956
- Security Trust Co. v. RobbU.S. Circuit Court for the District of New Jersey · 1902
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