Legal Opinion

Leith v. Bush

Supreme Court of Pennsylvania

Decided March 18, 1869No. 208PublishedCited by 7 opinions

Error to the Court of Common Pleas of Northampton county: No. 208, to January Term 1869. This was an action of debt by Jacob Leith, President of the School Board of Lower Saucon township, to the use of the School District of that township against William H. Bush, George Rennig, Tobias W. Lynn, James Wohlbach and Morgan Apple. The writ was issued, November 7th 1866. The suit was on the following bond :— “ Know all men by these presents that I, William PI.

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Error to the Court of Common Pleas of Northampton county: No. 208, to January Term 1869. This was an action of debt by Jacob Leith, President of the School Board of Lower Saucon township, to the use of the School District of that township against William H. Bush, George Rennig, Tobias W. Lynn, James Wohlbach and Morgan Apple. The writ was issued, November 7th 1866. The suit was on the following bond :— “ Know all men by these presents that I, William PI. Bush, &e., am held and firmly bound unto Jacob ■ Leith, president of the school board of Lower Saucon township, in the penal sum of…

1Opinion of the Court

The opinion of the court was delivered, May 11th 1869, by

Read, J.

The bond in this case was drawn in the name of one defendant, “ I, William H. Bush,” and purported to be signed and sealed by him and the four other defendants. This is a joint and several obligation of the five defendants: Knisley v. Shenberger, 7 Watts 193; Parks v. Brinkerhoff, 2 Hill 663; Smith v. Crooker, 5 Mass. 538, 540; Ex parte Fulton, 7 Cowen 484. “ Thus, if the words are ‘ I promise to pay,’ and there are many promissors, it is the several promise and the joint promise of all:” Parsons on Notes and Bills 251.

George…

2Cases cited2 opinions

  1. Smith v. CrookerMassachusetts Supreme Judicial Court · 1809
  2. Knisely v. ShenbergerSupreme Court of Pennsylvania · 1838

3Cited by7 opinions

  1. Bailey v. CooneySupreme Court of Pennsylvania · 1925
  2. Gill v. General Electric Co.Court of Appeals for the Third Circuit · 1904
  3. Sanders v. KellerIdaho Supreme Court · 1910
  4. Dodge v. ChessmanSuperior Court of Pennsylvania · 1899
  5. Backenstoss Realty Corp. v. Koenig, Pennsylvania Court of Common Pleas, Dauphin County1927

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