Baker v. Small

Citations

• 17 Pa. Super. 423
• 1901 Pa. Super. LEXIS 331

Syllabus

<p>Bes adjudícala — Identity of the quality in the parties.</p> <p>To make a matter res adjudicata there must be identity of the quality in the persons for or against whom the claim is made.</p> <p>Bes adjudicata — Guardian and ward — Promissory note — Principal and surety.</p> <p>Where a guardian presents a promissory note to an auditor appointed to distribute the estate of a deceased maker of the note, and does not disclose the fact that the note represents his ward’s moneys, and the auditor disallows the claim because the guardian was personally indebted to the decedent in excess of the amount of the note, and the auditor’s report is sustained, the decree of the orphans’ court will not bar a subsequent suit on the note against a person who signed the note as surety. In such a case the surety cannot claim his discharge by the omission of the guardian to present his ward’s claim upon distribution of the deceased’s principal estate.</p> <p>If the principal on a promissory note is dead, the creditor is under no obligation to resort to his estate, unless requested by the surety to do so.</p>