Longstreth & Cook v. Gray
Supreme Court of Pennsylvania
PURSUANT to. a rule of the circuit court, the plaintiffs, having signed judgment for want of an affidavit of defence, for the penalty of a bond, with condition to pay 1302 dollars and 82 cents, on the 22d of January 1831, as well as the like sum for three successive years, but without having assigned breaches, had issued an execution, not only for the instalment due at the impetration of the writ, but for another grown due before the judgment.
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PURSUANT to. a rule of the circuit court, the plaintiffs, having signed judgment for want of an affidavit of defence, for the penalty of a bond, with condition to pay 1302 dollars and 82 cents, on the 22d of January 1831, as well as the like sum for three successive years, but without having assigned breaches, had issued an execution, not only for the instalment due at the impetration of the writ, but for another grown due before the judgment. This execution had been set aside by the chief justice at a circuit court for Alleghany county, immediately preceding the present term, with leave to…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Ever since the decision in Collins v. Collins, 2 Burr. 820, it has been considered as settled, that the stat. 8 and 9, W. 3, c. 11, extends to bonds payable by instalments; and this construction is consistent not only with the letter of the statute, but with the nature of the remedy provided by it, which was to secure the benefit of successive defences against particular instalments subsequently falling due, instead of subjecting the obligor to the entire penalty, on failure to pay a part of the debt secured by it. In the case at bar, an…
2Cases cited1 opinion
- Sparks v. GarriguesSupreme Court of Pennsylvania · 1806
3Cited by7 opinions
- Harger v. Commissioners of Washington CountySupreme Court of Pennsylvania · 1849
- McCann v. FarleySupreme Court of Pennsylvania · 1856
- Jones v. DilworthSupreme Court of Pennsylvania · 1870
- Reynolds v. LowrySupreme Court of Pennsylvania · 1847
- Commonwealth v. MaxwellSupreme Court of Pennsylvania · 1907
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