Supplee v. Herrman

Citations

• 16 Pa. Super. 45
• 1901 Pa. Super. LEXIS 12

Syllabus

<p>Suretyship — Surety primarily liable.</p> <p>A surety is primarily liable upon his covenant, and may be proceeded against without recourse to him for whom he has engaged to answer; and this also may duly follow, even though the principal be dead.</p> <p>Suretyship — Surety for lessee.</p> <p>A contract to be responsible to a lessor for the true and faithful performance of a lease on the part of the lessee, is a contract of suretyship.</p> <p>Suretyship — Lease for term of years — ■Death of lessee.</p> <p>The death of a lessee for a term of years does not ipso facto discharge from liability for after accruing rent one who has bound himself absolutely for the payment of the rent for the entire term ; and neither the liability of the surety nor the right of action against him is suspended during the period between the death of the lessee, and the appointment of an administrator. In such a case the surety is not released by the bare fact that the widow of the lessee was in possession of the premises after the death of her husband and during the time when the rent claimed from the surety had accrued, without any evidence that she occupied the premises by agreement with the landlord.</p> <p>Practice, G. P. — Trial—Question reserved — Appeals.</p> <p>The facts contained in a reserved question may be found by the jury specially, or may be agreed upon by the parties, or may be stated by the trial judge; in the latter case, if either party is dissatisfied he may object, and except to such statement, and thus preserve his right to have the correctness of the judge’s finding of facts reviewed by an appellate court. But if no exception be taken to the judge’s statement of facts, the parties will be presumed to have assented to them, and are concluded by them and their legal effect. Upon appeal the inquiry is as to the legal effect of the facts necessarily established by the verdict and those stated in the reserved point.</p> <p>In an action against a surety on a lease for ren