Moore v. Allegheny City
Supreme Court of Pennsylvania
Error to tbe District Court of Allegheny county. This was an action of debt in the name of The Major, Aider-men, and Citizens of Allegheny City against Clemson Moore, on k joint and several bond, executed in 1847, by D. H. Scott, as collector of taxes for the second ward of the city of Allegheny, and by Clemson Moore, the defendant, as his surety.
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Error to tbe District Court of Allegheny county. This was an action of debt in the name of The Major, Aider-men, and Citizens of Allegheny City against Clemson Moore, on k joint and several bond, executed in 1847, by D. H. Scott, as collector of taxes for the second ward of the city of Allegheny, and by Clemson Moore, the defendant, as his surety. October 23, 1850, verdict was rendered for the plaintiffs for the amount of the penalty of the bond, to be released on the payment of $2306.07, subject to the opinion of the Court as to the liability of the defendant. The pleas were: 1. That the…
1Opinion of the Court
The opinion of the Court was delivered by
Bell, J.
The present is not of that class of cases which settle that an indivisible contract, founded in part upon an illegal consideration, is void, and consequently incapable of being enforced at law. Nor does it fall within the operation of the principle that an obligation wholly dependent on, or springing from a prohibited undertaking, is null. The foundation of the action is a duly executed bond, by the condition of which the defendant below, as surety of Scott, undertook that the principal obligor should well and faithfully perform the duties of…
2Cases cited5 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Libby v. BurnhamMassachusetts Supreme Judicial Court · 1818
- Suydam v. KeysNew York Supreme Court · 1816
- School Directors v. Carlisle BankSupreme Court of Pennsylvania · 1839
- Beach v. FurmanNew York Supreme Court · 1812
3Cited by2 opinions
- Rice v. BurnsSuperior Court of Pennsylvania · 1898
- Cessna v. ClouseSuperior Court of Pennsylvania · 1913