surety defense (Pennsylvania) · Go Syfert
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surety defense in Pennsylvania

7 Pennsylvania opinions name it 3 courts 1853–2023 2 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Com. v. Watts, J.green
pasuperct · 2022 · cited in 2 Pennsylvania opinions naming this issue, 2023–2023
2 sentences

2023As Surety asks this Court to interpret § 5747.1, “our standard of review is de novo, and our scope of review is plenary.” Commonwealth v. Watts, 283 A.3d 1252, 1255 (Pa.Super. 2022) (citation omitted).

2023As Surety asks this Court to interpret § 5747.1, “our standard of review is de novo, and our scope of review is plenary.” Commonwealth v. Watts, 283 A.3d 1252, 1255 (Pa.Super. 2022) (citation omitted).

22
Keystone Bank v. Flooring Specialists, Inc.green
pa · 1986 · cited in 1 Pennsylvania opinions naming this issue, 2008–2008
2 sentences

2008Keystone Bank, 518 A.2d at 1186 (noting that the surety is discharged if a creditor surrenders the collateral that acted as security for the principal’s debt).

2008Keystone Bank, 518 A.2d at 1186 (noting that the surety is discharged if a creditor surrenders the collateral that acted as security for the principal's debt).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Antonis v. Liberati green
pacommwct · 2003
1 sentence

2014Further, the trial court determined that the Commonwealth Court’s decision in Antonis v. Liberati, 821 A.2d 666 (Pa.Cmwlth.2003), was dispositive, as in that case the Commonwealth Court determined that the office holder of an analogous position— there, a recorder of deeds — was immune from liability for failing to properly index a mortgage and note.

12014–2014
Talmage v. Burlingame & Irons neutral
pa · 1848
1 sentence

1945Restatement of the Law of Security, as follows: “The principal is not relieved of his duty to reimburse a person who has become a surety with the consent of the principal where the surety “(a) pays an obligation for which the principal is liable, even if the surety has a defense.” For other Pennsylvania cases see: Talmage et al. v. Burlingame and Irons, 9 Pa. 21 ; J.

11945–1945
Mock, Trustee v. Bechtel green
pasuperct · 1930
1 sentence

1935Mock v. Bechtel, 101 Pa. Superior Ct. 181, 186 .

11935–1935
Commonwealth v. Gilson neutral
pa · 1839
1 sentence

1853See Act of 13th October, 1840, § 1; 10 State R. 469; 8 Watts, 214 , &c.

11853–1853

Where else courts name it

CA 23 (1940–2023) PA 7 (1853–2023) GA 6 (1907–2025) IN 5 (1882–1996) NY 5 (1902–2010) AR 5 (1910–1960) NC 4 (1926–2018) TX 4 (1893–2013) OR 4 (1946–2019) IA 4 (1867–1978) VT 4 (1923–2020) IL 3 (1981–1997) MO 3 (1870–2021) MD 3 (1910–1978) TN 3 (1979–2025) OK 2 (1974–1995) NJ 2 (1991–1994) WA 2 (1916–1917) FL 2 (1983–1998) KS 2 (1933–1972) HI 2 (1935–1996) SD 2 (1936–1993) NE 2 (1907–1919)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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