Legal Opinion

Smith v. Harry

Supreme Court of Pennsylvania

Decided October 6, 1879No. 216PublishedCited by 5 opinions

Error to the Court of Common Pleas, of JPranTdin county: Of May Term 1879, No. 216. Scire facias sur mortgage issued by George W. Smith and John H. Kausler against Jacob K. Harry.

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Error to the Court of Common Pleas, of JPranTdin county: Of May Term 1879, No. 216. Scire facias sur mortgage issued by George W. Smith and John H. Kausler against Jacob K. Harry. On the 28th day of May 1872, Jacob K. Harry, as executor of the last will of George J. Harry, deceased, executed to the state of Maryland his bond in the sum of $20,000, with George W. Smith and John H. Kausler as sureties thereon, conditioned as follows : “ The condition of the above obligation is such, that if the above bounden Jacob K. Harry shall well and truly perform the office of executor of George J. Harry,…

1Opinion of the CourtJustice Trunkey

The defendant concedes that the decree of the Orphans’ Court, approving the executor’s account and making distribution, was all that was necessary as prerequisite to a suit on the bond. That decree established the executor’s personal responsibility and it was his duty to make immediate payment. It fixed the liability of his sureties for an absolute debt, a sum certain, for which there was then a present right of action against them; and they were not obliged to wait till after the legatees formally demanded the money, or issued process for its collection, before moving to protect themselves.…

2Cases cited2 opinions

  1. Hayes v. WardNew York Court of Chancery · 1819
  2. Crippen v. Thompson & BishopNew York Supreme Court · 1849

3Cited by5 opinions

  1. In Re Chateaugay Corp.United States Bankruptcy Court, S.D. New York · 1990
  2. Southwestern Surety Ins. v. WellsDistrict Court, E.D. Pennsylvania · 1914
  3. LTV Corp. v. Aetna Casualty & Surety Co.District Court, S.D. New York · 1990
  4. Condran v. KennedySuperior Court of Pennsylvania · 1914
  5. Great American Insurance v. Geris, Pennsylvania Court of Common Pleas, Alleghany County1987

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