Yohn v. Shumaker

Citations

• 5 Pa. Super. 320
• 1897 Pa. Super. LEXIS 243

Syllabus

<p>Principal and surety — Opening judgment.</p> <p>Where a contract of suretyship in the shape of a judgment note is materially altered by the act of the plaintiff so that the rights of the surety are materially affected, a motion to open the judgment will prevail.</p> <p>Opening judgment — Principal and surety — Question for jury.</p> <p>It is alleged on a motion to open judgment that defendant signed a note as surety and delivered same to plaintiff with the understanding that the principal was to sign; subsequently the principal refuses to sign, when by the act of the holder of the note, the entire nature of the obligation is changed and it is entered of record as a judgment against him as principal. Held, that the credibility of these statements and the proof of the fact alleged should have gone to the jury and the judgment should have oeen opened.</p>