Legal Opinion

Hutton v. Helme

Supreme Court of Pennsylvania

Decided June 15, 1836PublishedCited by 3 opinions

WRITS of error to Luzerne and Bradford counties. James Hutton’s executor against Oliver Helme, and George Tracy against William Kelly.

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WRITS of error to Luzerne and Bradford counties. James Hutton’s executor against Oliver Helme, and George Tracy against William Kelly. Each of these was a suit on an insolvent bond; the first having the following condition: “ The condition of this obligation is such, that if the above bounden Christopher Appleton shall be and appear at the next court of common pleas, to be held for the county of Luzerne, the first Monday of January next, then and there to take the benefit of laws of this commonwealth and abide such order as the court shall make in his case; then this obligation to be void,…

1Per curiam

The bond of an insolvent debtor is not a voluntary one. ,He gives it not of choice, but by compulsion of circumstances, and he is, therefore, entitled to the liberation, wrhieh is the consequence of it, on terms as favourable as the law allows him. If the magistrate who is to judge of-the matter exacts more, the bond is illegal, and its terms will not be enforced. It is settled that an obligor is entitled to the benefit of every part of the condition, as in Kemmel v. Kent, 2 Watts, 431; and it is immaterial to the question whether he be deprived of it by subsequently rendering an inserted…

2Cases cited3 opinions

  1. Kimmel v. KintSupreme Court of Pennsylvania · 1834
  2. Farmers' Bank v. BoyerSupreme Court of Pennsylvania · 1827
  3. M'Kee v. StannardSupreme Court of Pennsylvania · 1826

3Cited by3 opinions

  1. Avery v. SeelySupreme Court of Pennsylvania · 1841
  2. Greenwaldt v. KrausSupreme Court of Pennsylvania · 1892
  3. Power v. GraydonSupreme Court of Pennsylvania · 1866

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