Moser v. Libenguth
Supreme Court of Pennsylvania
Appeal by the defendants from the decision of Smith, Justice, holding a Circuit Court for Montgomery county, on the 1st of March, 1830. The action was debt, brought by Peter Moser against Eve Libenguth and John Libenguth, administrators of Jacob Libenguth, deceased, on a bond, dated 2d of April, 1821, given to Peter Moser by Joseph Libenguth, and the said Jacob Libenguth, the intestate.
Read the full summary
Appeal by the defendants from the decision of Smith, Justice, holding a Circuit Court for Montgomery county, on the 1st of March, 1830. The action was debt, brought by Peter Moser against Eve Libenguth and John Libenguth, administrators of Jacob Libenguth, deceased, on a bond, dated 2d of April, 1821, given to Peter Moser by Joseph Libenguth, and the said Jacob Libenguth, the intestate. This bond was decided to be a joint bond, for which decision, and the form of the bond, see 1 Rawle, 255. The cause was tried again on the pleas of payment, with leave to give the special matters in evidence,…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
— In 1 Rawle, 255, this bond Was determined to be joint, because the positive intent of the parties, as expressly declared in the penal clause, could not be controlled by an adverse implication, which might otherwise have been made from the words of the condition. The attempt now, is to establish the existence of accident and mistake, by evidence dehors; but although an instrument may undoubtedly be reformed on parol proof, yet, where, as here, the relief sought is adverse to the pre-existent equity of a surety, the evidence should be so…
2Cases cited1 opinion
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
3Cited by2 opinions
- Herdic v. YoungSupreme Court of Pennsylvania · 1867
- Snyder v. May & KloseSupreme Court of Pennsylvania · 1852