Philadelphia v. Howell
Superior Court of Pennsylvania
Appeal, No. 171, Oct. T., 1901, by defendants, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1899, No. 985, on verdict for plaintiff in case of Philadelphia to use of Josiah Thompson, trading as J. Thompson & Company, v. Louis O. Howell, Jr., and National Surety Company, a Corporation under the laws of the State of New York. Assumpsit to recover the price of material furnished to complete a municipal contract.
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Appeal, No. 171, Oct. T., 1901, by defendants, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1899, No. 985, on verdict for plaintiff in case of Philadelphia to use of Josiah Thompson, trading as J. Thompson & Company, v. Louis O. Howell, Jr., and National Surety Company, a Corporation under the laws of the State of New York. Assumpsit to recover the price of material furnished to complete a municipal contract. Before Willson, J. At the trial, the defendant, Howell, testified that on October 3, 1898, the plaintiff accepted a note drawn by Frank S. Zane, who was a stranger to the…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The defendants did not, in the court below, deny that they had been liable to plaintiff, but asserted that the original liability had been extinguished by the acceptance of a new obligation. Howell was the principal and the National Surety Com pany was surely in a bond, under the condition of which they had become liable to the plaintiff. The plaintiff accepted from Howell, the principal debtor, upon account of the claim, a note made by Zane payable to the order of Howell and by him indorsed, due sixty days after date. Howell testified that the plaintiff had “…
2Cases cited6 opinions
- Philadelphia v. StewartSupreme Court of Pennsylvania · 1900
- N. Holmes & Sons v. Briggs & DrumSupreme Court of Pennsylvania · 1890
- Buck v. WilsonSupreme Court of Pennsylvania · 1886
- Shaw & Leigh v. First Associated Reformed Presbyterian ChurchSupreme Court of Pennsylvania · 1861
- Shepherd v. BuschSupreme Court of Pennsylvania · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hummelstown Brownstone Co. v. KnerrSuperior Court of Pennsylvania · 1904
- First National Bank of Plymouth v. Jones' Est.Supreme Court of Pennsylvania · 1939
- United States ex rel. Griscom-Spencer Co. v. United States Fidelity & Guaranty Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1909
- Ridisy Park Boro. School Dist. v. Seaboard Surety Co., Pennsylvania Court of Common Pleas, Delaware County1930