Jones v. Johnson
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Dauphin county. This was an action of assumpsit brought by Johnson & Smith, type-founders, residing in Philadelphia, against Jones, Morehead & Taylor, for the price of certain materials furnished for the establishment and printing of a newspaper at Harrisburg. The process was served upon Jones only, who alone appeared and made defence.
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ERROR to the Common Pleas of Dauphin county. This was an action of assumpsit brought by Johnson & Smith, type-founders, residing in Philadelphia, against Jones, Morehead & Taylor, for the price of certain materials furnished for the establishment and printing of a newspaper at Harrisburg. The process was served upon Jones only, who alone appeared and made defence. The defence was put on the ground that the plaintiff had accepted a single bill from Morehead & Taylor, and two sureties for their claim, and had sued and recovered judgment against both Morehead & Taylor upon the single bill, and…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
There is a substantial distinction, which I have not seen particularly noticed, between cases of extinguishment by merger of the security, and cases of extinguishment by satisfaction of the debt. These classes, though depending on different principles, have usually been confounded; and hence a perceptible want of precision in the language of those who have written or spoken of them. In the first of them, the original security is extinguished, but the debt remains: in the second, the debt, as well as the security, is extinguished by the…
2Cases cited2 opinions
- Anderson v. LevanSupreme Court of Pennsylvania · 1841
- Lewis v. WilliamsSupreme Court of Pennsylvania · 1841
3Cited by11 opinions
- Butler v. RockwellSupreme Court of Colorado · 1890
- Eby v. Eby's AssigneeSupreme Court of Pennsylvania · 1846
- McIntyre v. Kennedy, Childs & Co.Supreme Court of Pennsylvania · 1857
- Abbott Et Ux. v. Auto. Finance Co.Supreme Court of Pennsylvania · 1926
- Pennock v. EaglesSupreme Court of Pennsylvania · 1883
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