Appeals of Yeager

Citations

• 5 Sadler 85
• 8 A. 225
• 44 Leg. Int. 241
• 19 Week. No. 151
• 1887 Pa. LEXIS 569

Syllabus

<p>The entry of bail for stay of execution in a judgment against the maker of a note will not relieve the indorser, where the bail is entered for the benefit of the surety and with his consent.</p> <p>The evidence in this ease held sufficient to establish the fact that bail was entered at the instance of the maker and indorser, and with their knowledge and consent, and for their accommodation.</p> <p>The bail is entitled, in such ease, upon payment of the debt, to be subrogated to the rights of the plaintiff.</p> <p>Note. — A person, who becomes bail for stay of execution at the principal’s request alone, and has paid the debt, is not entitled to be substituted in his place. Keller v. Roop, 2 W. N. G. 207; Mowery v. Brumbaugh, 14 Pa. Co. Ct. 257. Nor is he to bo subrogated to the rights of the plaintiff against the indorser. Allegheny Valley R. Co.v. Dickey, 131 Pa. 86, 18 Atl. 1003. The contrary was held in Yeager’s Appeal, for the reason that the indorser consented.</p>