L. L. Satler Lumber Co. v. Exler

Citations

• 239 Pa. 135
• 86 A. 793
• 1913 Pa. LEXIS 531

Syllabus

<p>Practice, C. P. — Affidavit of defense — Issue—Allegheny County —Fraud in fact — Fraud in law — Bequest for instructions.</p> <p>1. Where in an action brought in Allegheny County on a guaranty, the defendant sets up in his affidavit of defense facts showing fraud in fact, without more, he cannot at the trial offer evidence of another set of facts showing fraud in law.</p> <p>2. The appellate court refused to consider on appeal an alleged defense where at the trial the defendant did not request any instructions on the subject although the judge particularly requested that any omissions he might have made might be called to his attention.</p> <p>Evidence — Fraudulent representations — Conclusion of law— Threat — Guaranty—Judicial records.</p> <p>3. In an action on a guaranty, it is not error to refuse the defendant permission to show that the president of the plaintiff corporation had said that his company would put the principal debtor into bankruptcy if the defendant would not sign the guaranty, and had “stated as a fact that this would destroy the lien of the defendant’s mortgage,” which had not been recorded.</p> <p>4. Such a statement is a mere representation of a conclusion of law. The mere designation of the representation as a statement of “fact” cannot change the character of the thing offered to be proved.</p> <p>5. In an action upon a guaranty the record of a suit in another court between a trustee in bankruptcy of the principal debtor, a corporation, and the guarantor, is not admissible in evidence, if it appears that the record as offered was merely cumulative evidence on a point which was not a main issue.</p> <p>Contracts — Joint and several contracts — Guaranty.</p> <p>6. Whether a contract is joint or several depends upon the nature of the interest of the parties, and the intention at the time it was made, and the rule is that if the consideration moves from the promisees separately, a promise to them is prima facie several.</p> <p>1. Two corporati