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1 Pennyp. 140

Good v. Calvert

Supreme Court of Pennsylvania

Decided May 31, 1881

Supreme Court of Pennsylvania · decided 1881-05-31

Assumpsit by John Good, executor of George Good, deceased, against Thomas L. Harinton and Joseph Calvert, upon a promissory note in the following form: “ Williamsport, December 4th, 1872. “ Twelve months after date we or either of us promise to pay George Good or order $1100 without defalcation. “T. L. Harinton, “ Joseph Calvert.” On the 13th of May, 1879, after a previous trial, aud the granting of a new trial, the defendant Harinton confessed judgment.

Decided 1881-05-31

Per Curiam:

¶1It is clear that Harinton was not incompetent on the score of interest. He was no party to the suit on trial. As to him it had been finally ended by his confession of judgment. A verdict for the defendant could not have released him. And though, in general, a verdict against a surety will entitle him to recover besides the debt the costs of suit, it would not be so in the CRse where the surety has taken defence on a ground entirely personal to him. If he had failed in such a defence he could not make the principal pay the costs of his contest: Simpson’s Exrs. v. Bovard, *14324 P. F. Smith, 351. The other errors assigned were in effect considered and passed upon when this case was here before.

¶2Judgment affirmed.

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