Bleakley v. Adelman

Citations

• 27 Pa. Super. 21
• 1904 Pa. Super. LEXIS 381

Syllabus

<p>Principal and surety — Assignment for creditors — Recovery by bondsmen from principal — Evidence.</p> <p>In an action by a bondsman against a principal to recover moneys which the plaintiff had paid in settlement of the defendant’s accounts, the plaintiff offered evidence tending to show that at the time of the audit of the account the court was about to file an opinion surcharging the accountant; that the latter absolutely refused to have anything to do with getting the matter closed; that he said if the bondsmen wanted to make a settlement they could make it; that he would have nothing to do with it; that he was out of it; that he had abandoned the whole matter, and that the bondsmen could do as they pleased; that the attorney of the assignee advised that the settlement and payment be made, and that in consequence of the defendant’s declarations and attitude, and in the light of the advice of his attorney, the plaintiff settled with the creditors and paid them an amount agreed upon, and that exceptions to the auditor’s report were thereupon withdrawn, and the report fully confirmed. Held, (1) that the offer of evidence was admissible; (2) that the confirmation of the account did not relieve the principal; (3) that the principal was bound by the settlement; (4) and that á judgment and verdict for plaintiff should be sustained.</p>