Grim v. School Directors
Supreme Court of Pennsylvania
Error to the Common Pleas of Crreene county. This was an action of debt by the School Directors of Jackson township (Greene county) against Harvey Grim, James Wood and Samuel P. Bayard, on a bond in the usual form: — “That we, Harvey Grim, John Hunnell, James Wood and Samuel P. . Bayard are” bound in §1200; conditioned that Grim would collect and pay over §614.17, the amount of a duplicate for school-tax.
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Error to the Common Pleas of Crreene county. This was an action of debt by the School Directors of Jackson township (Greene county) against Harvey Grim, James Wood and Samuel P. Bayard, on a bond in the usual form: — “That we, Harvey Grim, John Hunnell, James Wood and Samuel P. . Bayard are” bound in §1200; conditioned that Grim would collect and pay over §614.17, the amount of a duplicate for school-tax. A seal was left for Hunnell’s name, but the bond was not signed by him. It was signed by the others, and found in the possession of Ilunnell, — who, at the time of its execution, was…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
This is the case of a joint and several bond, prepared for signature by four persons named, but signed by three only. Is the absence of the name of the fourth per se a defence against payment by the three ? The possession of the bond by the school directors was primd facie evidence of delivery in the opinion of the learned judge, and we think he was right. The words “signed, sealed and delivered” appear at the close of the instrument, and although words of form, yet are not without substance, and in the absence of any fact going to…
2Cases cited2 opinions
- Cutter v. WhittemoreMassachusetts Supreme Judicial Court · 1813
- Evans v. DuncanSupreme Court of Pennsylvania · 1835
3Cited by5 opinions
- Trustees of Schools v. SheikIllinois Supreme Court · 1886
- Whitaker v. RichardsSupreme Court of Pennsylvania · 1890
- Estate of GleesonSupreme Court of Pennsylvania · 1899
- Bradley v. HolleranSuperior Court of Pennsylvania · 1915
- Commonwealth v. Olloman, Pennsylvania Court of Common Pleas, Washington County1934