Marks v. Drovers' National Bank
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2, of Allegheny county: Of October Term, 1886, No. 47. Debt on an insolvent bond by The Drovers’ National Bank of Union Stock Yards, Lake, state of Illinois, against Simon Marks, John Herchenroether and Gustav Kahn.
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Error to the Court of Common Pleas No. 2, of Allegheny county: Of October Term, 1886, No. 47. Debt on an insolvent bond by The Drovers’ National Bank of Union Stock Yards, Lake, state of Illinois, against Simon Marks, John Herchenroether and Gustav Kahn. The plaintiffs declared in their narr that the defendants were indebted to them in the sum of $18,000 upon a bond dated 22d May, 1884, conditioned that Simon Marks, one of the defendants, would take the benefit of the insolvent laws, and that if he failed he would surrender himself to jail; that Marks failed to surrender himself to jail, and…
1Opinion of the CourtJustice Green
There are three assignments of error in this case and we must sustain them all. The action was debt upon an insolvent bond, the breach alleged being that the debtor upon being refused his discharge failed to surrender himself to jail. The only question therefore was whether the bond had been forfeited by breach of condition. In trying that question it was of no sort of consequence that the debtor was seen in Canada in 1885, or that he was following any business there, or that he had gone to Baltimore and thence to Canada. The offers of testimony to prove these facts were entirely irrelevant…
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