Schock v. Miller
Supreme Court of Pennsylvania
In error from the Common Pleas of Lancaster. Debt against the administrators of Hertzler, on a joint and several bond executed by Hertzler and Funk as sureties, and by Wright as principal. On the trial, the defendants gave in evidence an endorsement on the bond, signed, but not sealed, by the plaintiff, which recited a receipt of a sum of money from Funk, one of the sureties, being one-half of the amount due on the bond, as and for his full share and part of the obligation.
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In error from the Common Pleas of Lancaster. Debt against the administrators of Hertzler, on a joint and several bond executed by Hertzler and Funk as sureties, and by Wright as principal. On the trial, the defendants gave in evidence an endorsement on the bond, signed, but not sealed, by the plaintiff, which recited a receipt of a sum of money from Funk, one of the sureties, being one-half of the amount due on the bond, as and for his full share and part of the obligation. It then continued: “ And I do hereby release him, the said Henry Funk, his heirs, executors, and administrators, of and…
1Opinion of the CourtRogers, J.
Where the effect is to increase the responsibility of those who are not included in its terms, the release of one or more joint, or joint and several debtors, operates as a *403discharge of all the others from the obligation of the debts. But, when the effect will be, not to increase the responsibility of the other obligors, it operates as a release pro tanto only. Thus, a release of the principal debtor discharges the sureties, because it throws the burthen of the debt on the sureties, who, as between the obligors, are not liable for the debt, and is, therefore, an injury to them; but the…
2Cited by5 opinions
- Keystone Bank v. Flooring Specialists, Inc.Supreme Court of Pennsylvania · 1986
- Fidelity & Deposit Co. v. PhillipsSupreme Court of Pennsylvania · 1912
- Girard Trust Corn Exchange Bank v. Warren Lepley Ford, Inc., Pennsylvania Court of Common Pleas, Philadelphia County1958
- Taylor v. GrahamSuperior Court of Pennsylvania · 1916
- Bell v. Sundheim, Pennsylvania Court of Common Pleas, Philadelphia County1941