Galt v. Smith
Pennsylvania Court of Common Pleas, Adams County
No. 12 May Term 1891, Sup. Ct.; court below, No. 72 November Term 1889, C. P. To the number and term of the court below, “James C. Galt and Samuel Galt, in trust,” brought assumpsit against James A. Smith. Issue.
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No. 12 May Term 1891, Sup. Ct.; court below, No. 72 November Term 1889, C. P. To the number and term of the court below, “James C. Galt and Samuel Galt, in trust,” brought assumpsit against James A. Smith. Issue. At the trial on November 17, 1890, the plaintiffs gave in evidence a bond dated April 5, 1881, executed by James A. Smith, the defendant, to “ James C. Galt and Samuel Galt, trustees for Sophia Smith and her children,” in the sum of $6,926.50, conditioned that if said James A. Smith, “shall well and truly pay, or cause to be paid unto Sophia Smith, wife of said James A. Smith, or to…
1Opinion of the Court
Opinion,
Mb. Justice Gbeen:
This action was brought to recover arrears of interest upon a bond given by the defendant to the plaintiffs in trust for the defendant’s wife. By the condition of the bond the interest was to be paid either to the wife of the defendant, or to the plaintiffs as trustees for her; the principal w*as to be paid to her children after her death. According to the express terms of the condition, a payment to the defendant’s wife would have been a perfectly good payment, relieving the defendant from any liability to the plaintiffs. Even if the interest had been paid to the…
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