Bosler v. Kuhn
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia. This was an action of covenant brought by Kuhn and another against John Bosler and three others for arrears of ground-rent due October 1st, 1843, on a ground-rent deed from the plaintiffs to the defendants, executed 25th March 1836, conveying a large lot of land in the county of Philadelphia in fee, subject to a ground-rent with the usual conditions and covenants.
Read the full summary
ERROR to the District Court for the city and county of Philadelphia. This was an action of covenant brought by Kuhn and another against John Bosler and three others for arrears of ground-rent due October 1st, 1843, on a ground-rent deed from the plaintiffs to the defendants, executed 25th March 1836, conveying a large lot of land in the county of Philadelphia in fee, subject to a ground-rent with the usual conditions and covenants. Bosler, one of the defendants, filed the following affidavit of defence. John Bosler, one of the defendants, being affirmed, saith that his defence to the whole of…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The fifth section of the late American Bankrupt Law, which designated the classes of provable debts, contained no provision for a ground-rent covenant in terms. It was said that creditors whose debts were payable at a future day, annuitants, holders of bottomry and respondentia bonds, and of policies of insurance, sureties, endorsers, bail, or persons having contingent demands against the bankrupts, might prove such debts and have them allowed when they became absolute; and that annuitants and holders of debts payable in futuri, might have…
2Cases cited1 opinion
- Franciscus v. ReigartSupreme Court of Pennsylvania · 1835
3Cited by21 opinions
- Wilson v. IsemingerSupreme Court of the United States · 1902
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Pronzato v. GuerrinaSupreme Court of Pennsylvania · 1960
- Ex parte HoughtonDistrict Court, D. Massachusetts · 1871
- Royal Ins. Co. v. SmithCourt of Appeals for the Ninth Circuit · 1935
16 more not listed; retrieve them via the Exa API.