Appeals of Yeager
Supreme Court of Pennsylvania
January Term, 1885, No. 280, E. D., before Mercur, Cb. J., Gordon, Paxson, Trunkey, Sterrett, Green, and Clark, JJ. Appeals from decrees of the Orphans’ Court of Berks County distributing the estate of a decedent. Evan Mishler on July 19, 1877, made his promissory note, payable at eight months, to Christian L. Bechtel. Christian L. Bechtel and Elizabeth Mishler indorsed this note, when it was delivered to Martha W. Keim.
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January Term, 1885, No. 280, E. D., before Mercur, Cb. J., Gordon, Paxson, Trunkey, Sterrett, Green, and Clark, JJ. Appeals from decrees of the Orphans’ Court of Berks County distributing the estate of a decedent. Evan Mishler on July 19, 1877, made his promissory note, payable at eight months, to Christian L. Bechtel. Christian L. Bechtel and Elizabeth Mishler indorsed this note, when it was delivered to Martha W. Keim. The same not having been paid at maturity, three separate suits were at the same time brought by Martha W. Keim, one against the maker of the note, and one against each of…
1Opinion of the Court
Opinion by
Mr. Justice Sterrett:
If it be true that appellant became bail for stay of execution in judgment against Mishler, the maker of the note, without the consent of Bechtel, the first indorser, it may be conceded that he had no right to have the judgment against the latter marked to his own use and enforce it as a claim against Bechtel’s estate. The principle applicable to such a state of facts is recognized in Pott v. Nathans, 1 Watts & S. 155, 37 Am. Dec. 456; and Schnitzel’s Appeal, 49 Pa. 23, 78 Am. Dec. 477.
But, on the other hand, if he became surety for the benefit of Bechtel and…
2Cases cited2 opinions
- Pott v. NathansSupreme Court of Pennsylvania · 1841
- Schnitzel's AppealSupreme Court of Pennsylvania · 1865