Morrison v. American Surety Co.
Supreme Court of Pennsylvania
Appeal, No. 285, Jan. T., 1908, by plaintiffs, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1907, No. 218, for defendant on demurrer to statement in case of William H. Morrison to the use of the Equitable Trust Company v. American Surety Company of New York. Demurrer to statement in assumpsit.
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Appeal, No. 285, Jan. T., 1908, by plaintiffs, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1907, No. 218, for defendant on demurrer to statement in case of William H. Morrison to the use of the Equitable Trust Company v. American Surety Company of New York. Demurrer to statement in assumpsit. Before Staake, J. The material portion of the bond upon which suit was brought was as follows: “Know all men by these presents, that we, of the City of Philadelphia, (hereinafter called the principal), as principal, and the American Surety Company of New York (hereinafter called the surety), as…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
In Sheppard’s Touchstone it is said (p. 375): “If two, three, or more bind themselves in an obligation thus, obligamus nos, and say no more, the obligation is and shall be taken to be joint only, and not several.” In other words, the presumption of the law is that when two or more enter into a contract or an obligation without adding language disclosing a different intention the undertaking is a joint and not a several one. This rule has been uniformly recognized and adhered to in all our cases. In one jurisdiction, however, in this country, it is held that…
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