Opinion · Supreme Court of Pennsylvania
Duffee v. Mansfield
141 Pa. 507
- Type
- Opinion
- Court
- Supreme Court of Pennsylvania
- Jurisdiction
- Pennsylvania
- Date
- 1891-04-13
- Topic
- bankruptcy
How later courts describe this case
- "[T]he result of comparing the conduct with the standard is generally spoken of as ‘negligence’ or the ‘finding of negligence.’ Negligence, in this last sense, is always a conclusion or inference, and never a fact in the ordinary sense of that word.”
Citator
UpLaw has not yet analyzed Duffee v. Mansfield. The absence of a flag is not a finding that it is good law.
- Cited by
- 68 opinions
The defendant contends that the lease from Mary A. Duffee, trustee, to George A. Hineken, which he signed as surety, is not in law a lease for five years, because it is not signed by the lessor. For this reason he claims to be discharged as surety. We need not discuss the legal effect of the omission of the lessor to sign the paper. It has no bearing upon the case. The lessee entered under the lease. So long as he remains in possession the surety is liable. His obligation is “ to be responsible to the above-named lessor for the true and faithful performance of the above contracts, covenants, and agreements on the part of the above-named lessee, for the full time in which he may retain posssession of said premises under the above agreement,” etc.
Judgment affirmed.