Wood v. Hummel
Supreme Court of Pennsylvania
THIS was an action of debt on bond by David Hummel against the administrators of Nicholas B. Wood deceased, who was co-obligor with George Pearson. The only question which arose in the cause was, whether the bond on which suit was brought was several, upon which an action could be maintained against the representatives of a deceased co-obligor in the lifetime of the other obligor.
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THIS was an action of debt on bond by David Hummel against the administrators of Nicholas B. Wood deceased, who was co-obligor with George Pearson. The only question which arose in the cause was, whether the bond on which suit was brought was several, upon which an action could be maintained against the representatives of a deceased co-obligor in the lifetime of the other obligor. The bond was in these words: “Know all men by these presents, that we, George Pearson and N. B. Wood, both of the borough of Harrisburg, Dauphin county, and Pennsylvania, are held and firmly bound unto David Hummel…
1Per curiam
—Perhaps an unreasonable effect has been given to trifling words of severance in cases like the present, particularly in Geddes v; Hawke and Moneagh''v. Butler, where words binding heirs, executors and administrators, and “each” of them, were held to work a severance, though they are such as are used when there is but one obligor. It is however too late to recede, particularly in a case like the present, which is the exact counterpart of Besore v. Potter, 12 Serg. & Rawle 154. On the authority of that case we hold the bond before us to be joint and several.
Judgment affirmed.
2Cases cited1 opinion
- Besore v. PotterSupreme Court of Pennsylvania · 1824
3Cited by4 opinions
- Lehigh County v. GosslerSuperior Court of Pennsylvania · 1904
- Dahlstrom v. Taylor, Pennsylvania Court of Common Pleas, Lancaster County1926
- Philadelphia Saving Fund Society v. Commonwealth Trust Co., Pennsylvania Court of Common Pleas, Alleghany County1941
- Van Tassel v. Churchill, Pennsylvania Court of Common Pleas, Tioga County1927