Legal Opinion

Leber v. Kauffelt

Supreme Court of Pennsylvania

Decided May 15, 1843PublishedCited by 13 opinions

ERROR to the Common Pleas of York county. Jacob Leber, administrator of Nicholas Leber, against John Kauffelt and Jacob Kauffelt. This was an action of debt, upon the following bond of indemnity.

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ERROR to the Common Pleas of York county. Jacob Leber, administrator of Nicholas Leber, against John Kauffelt and Jacob Kauffelt. This was an action of debt, upon the following bond of indemnity. “ Know’ all men by these presents, that we, John Kauffelt and Jacob Kauffelt, are held and firmly bound unto Nicholas Leber in the sum of $1000, in lawful money of the United States, to be paid to the said Nicholas Leber, or to his certain attorney, heirs, executors, administrators, well and truly to be made and done. We bind ourselves and each of our heirs, executors, administrators, sealed with our…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

The condition of this bond of indemnity being to save harmless and indemnify against claims by Thomas Cadwallader, or any person in his right, it was broken whenever such a claim was brought forward, and the obligee was under the necessity of paying it. That event occurred in the latter part of the year 1838, when Cadwallader’s agent notified the plaintiff, through Hengst, to come forward and patent the land, (that is, take a deed for it from Cadwallader, paying the claim against it), or he would sell it to some other person. In consequence…

2Cases cited1 opinion

  1. Funk v. VoneidaSupreme Court of Pennsylvania · 1824

3Cited by13 opinions

  1. Ardesco Oil Co. v. North American Oil & Mining Co.Supreme Court of Pennsylvania · 1870
  2. LOVEJOY v. GeorgeffSuperior Court of Pennsylvania · 1973
  3. Wilkes-Barre General Hospital v. LeshoCommonwealth Court of Pennsylvania · 1981
  4. McAbee v. CribbsSupreme Court of Pennsylvania · 1899
  5. Wiswell v. WiswellSupreme Court of Minnesota · 1886

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