Pennsylvania Court of Common Pleas, Philadelphia County July 2, 1836 (Cochran v. Dawson)

The opinion of the Court was delivered by

Jones, J.

The contract of guarantee is a secondary liability. It is a promise to be answerable for a debt or duty in case of the failure or default of another person, who is liable in the first instauce. *278Johnson v. Chapman, 3 Penns. Rep. 19 ; 3 Kent's Comm. 85.