Arms Pocket-book & Leather Novelty Co. v. Posey

Citations

• 40 Pa. Super. 361
• 1909 Pa. Super. LEXIS 622

Syllabus

<p>Principal and surety — Bond—Stay of execution — Laches.</p> <p>1. Where a person becomes surety before a justice of the peace on a bond for a stay of execution, he cannot after a delay of nine months from the time when judgment was entered against him, on an appeal then taken from such judgment be heard to aver that he was misled by the misrepresentations of the justice, where he offers no proof of any facts from which it could be inferred that the justice was in any way the agent of the plaintiff.</p> <p>Corporations — Foreign corporations doing business.</p> <p>2. An affidavit of defense in an action in which plaintiff was a foreign corporation is insufficient which merely avers, without the statement of any facts, that the plaintiff was a foreign corporation doing business illegally in this state.</p> <p>Principal and surety — Stay of execution — Bankruptcy.</p> <p>3. The surety on a bond for stay of execution cannot allege as a defense to his liability that the original debtor had become a bankrupt within four months after the date of the rendition of the original judgment against him, and under which the bond had been given to stay the execution.</p>