McCown v. Muldoon

Citations

• 147 Pa. 311
• 23 A. 369
• 1892 Pa. LEXIS 838

Syllabus

<p>Contract — Suretyship—Guaranty—Judgment.</p> <p>A dispute having arisen between McCown and Quigley as to firm goods taken by Quigley and not accounted for, a written agreement was entered into by which McCown was to bring a suit against Quigley. It was provided: “ Should a judgment be recovered in said action the said Quigley covenants to pay the same.” On the same day that the agreement between McCown and Quigley was executed, Muldoon executed an agreement by which he covenanted “that the amount which may be due to McCown by Quigley under the foregoing agreement will be paid by him to the extent of $2,500.” McCown recovered judgment against Quigley, who appealed the case to the Supreme Court. On January 25, 1892, the judgment was affirmed. Prior to this date McCown recovered a judgment against Muldoon for $2,500. Muldoon appealed, claiming that he was not liable until the judgment against Quigley was disposed of in the Supreme Court. On January 26, 1892, Muldoon’s appeal was called for argument. Held, that the judgment against him should be affirmed.</p>