M'Caraher v. Commonwealth
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia. This was an action of debt on an official bond, brought by the Commonwealth for the use of John Jones against Alexander M’Caraher, Mark Richards and Joseph S. Riley, in which the jury found the following special verdict: On the 27th day of February 1830, the said M’Caraher and the said Richards and Riley executed a bond to the Commonwealth of Pennsylvania in the sum of $4500, conditioned for the faithful…
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ERROR to the District Court for the city and county of Philadelphia. This was an action of debt on an official bond, brought by the Commonwealth for the use of John Jones against Alexander M’Caraher, Mark Richards and Joseph S. Riley, in which the jury found the following special verdict: On the 27th day of February 1830, the said M’Caraher and the said Richards and Riley executed a bond to the Commonwealth of Pennsylvania in the sum of $4500, conditioned for the faithful performance, by said M’Caraher, of the duties of the office of recorder, as aforesaid, according to the Act of Assembly,…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant, J.
The responsibility of the sureties in this case cannot be distinguished from that of the principal. The condition of the bond is the same as to all the obligors, that is, for the faithful discharge of duty in the office of Recorder of Deeds; and whatever is a breach of condition as to the Recorder, is equally so as to the other obligors. Farmers’ Bank v. Boyer, (16 S. & R. 50). This raises the question whether the Recorder, by giving a certificate that he has searched and could find no mortgage, and charging and receiving the fee allowed by…
2Cases cited2 opinions
- Clap v. GuildMassachusetts Supreme Judicial Court · 1811
- United States v. HowellU.S. Circuit Court for the District of New Jersey · 1826
3Cited by19 opinions
- Houseman v. Girard Mutual Building & Loan Ass'nSupreme Court of Pennsylvania · 1876
- McMicken v. CommonwealthSupreme Court of Pennsylvania · 1868
- Gordon v. LivingstonMissouri Court of Appeals · 1882
- Renn v. Provident Trust Co.Supreme Court of Pennsylvania · 1937
- Lampert v. Laclede Gas-Light Co.Missouri Court of Appeals · 1883
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