Allen v. Hubert
Supreme Court of Pennsylvania
Error to the Common Pleas of Philadelphia. This was an action of covenant, by Thomas H. Allen against Littleton Hubert as guaranty for James Waters, on a lease for a storeroom at the corner of Lombard street and Pleasant avenue, in the city of Philadelphia.
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Error to the Common Pleas of Philadelphia. This was an action of covenant, by Thomas H. Allen against Littleton Hubert as guaranty for James Waters, on a lease for a storeroom at the corner of Lombard street and Pleasant avenue, in the city of Philadelphia. The lease, dated November 5th 1861, was in the usual form; the guaranty or suretyship was in these words, written below the lease:— “For consideration received, I hereby agree to become security for the faithful performance of the above agreement. “ Witness my hand and seal, the day and year last above written. “L. Hubert.” [l. s.] Under…
1Opinion of the Court
*261The opinion of the court was delivered by
Strong, J.
All the assignments of error are immaterial, if the contract into which the plaintiff in error entered was an undertaking of suretyship rather than of technical, strict guaranty. And we are of opinion that he undertook as surety. His engagement was direct, and not contingent. The c.ase is not to be distinguished from Marburger v. Potts, 4 Harris 9. In both cases the form of the contract was that of an original and absolute liability. Marburger v. Potts was not shaken by the subsequent case of Gilbert v. Hench, 6 Casey 205, where the…
2Cited by5 opinions
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