Bradley v. Holleran

Citations

• 59 Pa. Super. 1
• 1915 Pa. Super. LEXIS 11

Syllabus

<p>Principal and surety — Joint and several bond — Nonexecution by principal.</p> <p>1. A surety company is liable upon a bond which it gave although the principal did not execute the bond, where it appears from the very words of the bond itself that the bond was severable in character.</p> <p>2. The failure of the principal to execute a joint and several bond does not invalidate the same as to the surety, unless there was an express agreement that the bond was not to be valid until so executed.</p> <p>3. An obligation in writing reciting that one person as principal, and another as surety are held and firmly bound to a third person in a sum stated “for the payment whereof said principal binds himself, his heirs, executors, administrators and assigns, and the said surety binds himself and his successors firmly by these presents,” is a joint and several obligation.</p>