Hull v. Weaver

Citations

• 48 Pa. Super. 290
• 1911 Pa. Super. LEXIS 373

Syllabus

<p>Principal and surety — Discharge of surety — Affidavit of defense.</p> <p>Proof by parole that as between two obligors, one was surety only, and that this was known and assented to by the obligee at and before the execution and delivery of the instrument, particularly if it appears that but for such knowledge and assent the surety would not have signed the instrument, lays ground for proof that his rights have been impaired by a subsequent contract between his principal and the obligee whereby the terms of the agreement have been varied essentially by an extension of time or otherwise. By this combined proof an equity is established in favor of the surety, and according to the 'great weight of authority the circumstances out of which the equity arises may be proved by parole. In Pennsylvania such circumstances may be proved as a defense in an action at law against the surety.</p>