Fertig v. Bucher
Supreme Court of Pennsylvania
Error, to Common Pleas'of Dauphin county. July 1. This was an action of debt on a bond of indemnity brought by Peter Fertig, Martin Hocker, John Stahl, and Lewis Williams, the plaintiffs in error, who were plaintiffs below, against John C. Bucher, who was jointly and severally bound with Simon Sallade, Christian F. Haenlen, John B. Thompson, Jacob Baab, and Benjamin Stees, as obligors in said bond.
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Error, to Common Pleas'of Dauphin county. July 1. This was an action of debt on a bond of indemnity brought by Peter Fertig, Martin Hocker, John Stahl, and Lewis Williams, the plaintiffs in error, who were plaintiffs below, against John C. Bucher, who was jointly and severally bound with Simon Sallade, Christian F. Haenlen, John B. Thompson, Jacob Baab, and Benjamin Stees, as obligors in said bond. It appeared that William Cochran was elected sheriff of Dauphin county in the fall of 1836 ; and that the plaintiffs, on the I9th of October of that year, entered into a recognisance, and gave the…
1Opinion of the CourtSergeant, J.
It would certainly make a great difference to the defendant whether he was bound in company with eleven others in this bond of indemnity, or with a less number. In the one case,- his loss, if the parties continued solvent, could not exceed, according to the condition of this bond, one sixteenth of the whole; in the other case,' it would, unnecessarily, be more. ■
If the defendant, in executing the bond, expressly stipulated- that it should not be delivered up until twelve names were obtained, and the plaintiff’s agent so provided; the bond was in his hands but in the nature of an escrow, and…
2Cited by4 opinions
- Killeen's EstateSupreme Court of Pennsylvania · 1932
- Whitaker v. RichardsSupreme Court of Pennsylvania · 1890
- Bradley v. HolleranSuperior Court of Pennsylvania · 1915
- Commonwealth v. Olloman, Pennsylvania Court of Common Pleas, Washington County1934