Keyser v. Keen
Supreme Court of Pennsylvania
This case came up from the Nisi Prim. It was a suit by Keen v. Keyser, on a joint and several bond. John E. Keen, in October, 1835, became surety to the sheriff of this county for one of his deputies, David Scattergood, in the sum of $6000. To secure himself against the loss which subsequently ensued, Mr., Keen endeavored to obtain a bond of indemnity to himself, to be executed by six obligors, among whom were Peter A. Keyser, who signed the bond, and Jacob Culp, who did…
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This case came up from the Nisi Prim. It was a suit by Keen v. Keyser, on a joint and several bond. John E. Keen, in October, 1835, became surety to the sheriff of this county for one of his deputies, David Scattergood, in the sum of $6000. To secure himself against the loss which subsequently ensued, Mr., Keen endeavored to obtain a bond of indemnity to himself, to be executed by six obligors, among whom were Peter A. Keyser, who signed the bond, and Jacob Culp, who did not. Five, including Keyser, executed the bond—Jacob Culp’s name being inserted twice in the body of the paper, and a seal…
1Opinion of the Court
The opinion of the court was delivered by
Lowbje, J.
This bond was prepared for six obligors, and is executed by only five of them; yet we cannot, therefore, infer that it is incomplete and not binding on those who did execute it. It contains an admission that excludes such an inference, even if it were not excluded by the evidence of delivery.
The bond declares that the plaintiff below had become surety for another person, on the promise of the six persons named in it, that they would indemnify him. This is an admission by the five who executed the bond, that they were jointly bound to…
2Cited by6 opinions
- Whitaker v. RichardsSupreme Court of Pennsylvania · 1890
- Estate of GleesonSupreme Court of Pennsylvania · 1899
- Bradley v. HolleranSuperior Court of Pennsylvania · 1915
- Commonwealth v. Olloman, Pennsylvania Court of Common Pleas, Washington County1934
- Jelicanin v. McGarr, Pennsylvania Court of Common Pleas, Northampton County1922
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