Scott v. Swain

4 Sadler 471 | Pa. | 1887

Per Curiam:

It is clear that the written obligation which the plaintiff in error executed did not make him a mere guarantor but made him a surety.

The fact that the lessor did first proceed against the lessee and collect a portion of the rent did not change the legal character of the obligation assumed by the surety. We find nothing in the whole case to relieve him from that liability, and the judgment was rightly entered.

’Judgment affirmed.