Farmers' Bank v. Boyer
Supreme Court of Pennsylvania
IN ERROR. This cause was tried at a Circuit Court held in Berks county in May last, before His Honour Judge Duncan. The jury returned a verdict in favour of the plaintiff for five hundred and three dollars and thirty-four cents, a motion was made by the defendants for a new trial, which being overruled, they entered an appeal* The action was brought by the Farmers’ Bank of Reading against John K. Boyer, Henry Bowman, Joseph Siting, and John Adams, on a bond dated the 3d of…
Read the full summary
IN ERROR. This cause was tried at a Circuit Court held in Berks county in May last, before His Honour Judge Duncan. The jury returned a verdict in favour of the plaintiff for five hundred and three dollars and thirty-four cents, a motion was made by the defendants for a new trial, which being overruled, they entered an appeal* The action was brought by the Farmers’ Bank of Reading against John K. Boyer, Henry Bowman, Joseph Siting, and John Adams, on a bond dated the 3d of December, 1823, of which the following was the condition: “Whereas the above hounden John If. Boyer, hath been arrested…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
It is admitted that a bond whose terms are not in acordance with the provisions of a statute by which it is required, is void, but this is to be restrained to cases where the condition is to do something which the statute does not require, or where it contains a provision which the statute does not authorize. This bond was avowedly framed to meet the exigencies of the second section in the supplement of the 29th of January, 1820, which had been repealed and supplied by the further supplement of the 28th of March in the same year. The…
2Cases cited3 opinions
- Wolverton v. Commonwealth ex rel. Hart & Co.Supreme Court of Pennsylvania · 1821
- Lincoln v. WilliamsSupreme Court of Pennsylvania · 1824
- Magruder v. McDonaldU.S. Circuit Court for the District of District of Columbia · 1828
3Cited by3 opinions
- Hutton v. HelmeSupreme Court of Pennsylvania · 1836
- Shunk v. MillerSupreme Court of Pennsylvania · 1847
- Heilner ex rel. Freytag v. BastSupreme Court of Pennsylvania · 1830