Pritchett, Baugh & Co. v. Wilson
Supreme Court of Pennsylvania
Error to the Common Pleas of Franklin county. This was an action of assumpsit, brought July 26th 1860, in the court below, by Thomas Pritchett, Samuel Baugh, William C. Pritchett, and James C. Pritchett, partners, doing business as Pritchett, Baugh & Co., against Andrew Wilson. The plaintiffs declared on a written guarantee by the defendant, adding the common counts, to which the defendant pleaded non assumpsit, payment, and payment with leave, &c.
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Error to the Common Pleas of Franklin county. This was an action of assumpsit, brought July 26th 1860, in the court below, by Thomas Pritchett, Samuel Baugh, William C. Pritchett, and James C. Pritchett, partners, doing business as Pritchett, Baugh & Co., against Andrew Wilson. The plaintiffs declared on a written guarantee by the defendant, adding the common counts, to which the defendant pleaded non assumpsit, payment, and payment with leave, &c. The plaintiffs replied that defendant did assume in manner and form, &c., non solvit, and on the issue thus made up the case was.tried. On the…
1Opinion of the CourtThompson, J.
This was an action of assumpsit, and the instrument declared on was in these words :
“ I hereby guaranty the payment to Pritchett, Baugh & Co., for hides delivered from time to time to J. B. & J. Slaymaker, to the amount of six thousand dollars. This to be a continuing guarantee.” Dated February 20th 1860, and signed by the defendant. This instrument was signed at the residence of the ,defendant, in Franklin county, and was sent to the plaintiffs with the accompanying note:
“ Shade Gap, 20th February 1860.
“ Gents : Enclosed find a letter of credit to J. B. & J. Slay-maker. The form was sent…
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