Ritter v. Henning
Ritter v. Henning
Opinion of the Court
Opotion by
The judgment which John Henning assigned to Ferdinand S. Ritter and the promissory note which Henning gave when he received the $840 from Ritter were concurrent and collateral securities for the same debt. The indorsements on the note showing that it was given to secure the payment of the judgment, did not change the relation of debtor and creditor. The original transaction contains no contract of suretyship or guaranty and the fact that the note accompanied the assignment of the judgment meant no more than an additional security for the money at that time paid by Ritter, who could avail himself of either so long as his debt remains unpaid: Ayres v. Wattson, 57 Pa. 360.
It is the very nature of collateral security that it may be resorted to for a satisfaction of the principal debt, if its payment
The extension of time was a forbearance and was not an independent consideration as shown by the learned judge in the opinion filed.
The judgment is affirmed.
Reference
- Full Case Name
- William F. Ritter and Daniel H. Ritter, Administrators of Ferdinand S. Ritter v. John Henning
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Debtor and creditor — Promissory note as collateral security for a judgment — Principal and surety. Indorsements on a note showing that it was given to secure the payment of a judgment assigned by the payor to the payee do not change the relationship of debtor and creditor into one of principal and surety, and the failure of the creditor to proceed on the judgment does not relieve the debtor from his liability on the note.