Cummings v. Lebo
Supreme Court of Pennsylvania
' Error to the Court of Common Pleas' of Northumberland county. • In the court below, Daniel Lebo brought an action of debt on a bond given by John Cummings and Isaac Wertz, in the sum of four hundred dollars, and in the declaration set forth, that the condition of the hond was, that if John Cummings, who Was then under arrest under a Capias ad Satisfaciendum, at the suit of the said Daniel, should not be and appear at the next Court of Common Pleas for Northumberland…
Read the full summary
' Error to the Court of Common Pleas' of Northumberland county. • In the court below, Daniel Lebo brought an action of debt on a bond given by John Cummings and Isaac Wertz, in the sum of four hundred dollars, and in the declaration set forth, that the condition of the hond was, that if John Cummings, who Was then under arrest under a Capias ad Satisfaciendum, at the suit of the said Daniel, should not be and appear at the next Court of Common Pleas for Northumberland county, to take the benefit of the insolvent laws, &c. then the bond should be void. A verdict and judgment were given for the…
1Per curiam
— Justice, convenience, and common sense, require that this exception should not prevail. Equity would reform such *24a bond as is here set out, on the intrinsic evidence of mistake, which it bears on its face. The-condition is not to appear, and it is in principle' exactly the case- of the promissory npte mentioned by Lord Hardwicke, 2 Atk. 31, in which the borrower promised never to pay. The plaintiff ought to have declared on the instrument according to its legal effect; so that, whether the bond contain the objectionable word or not, the defect in the declaration, being equally the effect of…
2Cited by10 opinions
- United States v. KummerCourt of Appeals for the Eleventh Circuit · 1996
- Scranton Gas & Water Co. v. WestonSuperior Court of Pennsylvania · 1914
- Townsend v. JemisonSupreme Court of the United States · 1849
- Kraft v. GilchristSupreme Court of Pennsylvania · 1858
- United States v. Castro-PerezCourt of Appeals for the Tenth Circuit · 2014
5 more not listed; retrieve them via the Exa API.