Commonwealth v. Schanbacher

Citations

• 66 Pa. Super. 346
• 1917 Pa. Super. LEXIS 264

Syllabus

<p>Insolvency — Bond—Liability of sureties — Failure of insolvent to surrender.</p> <p>In an action on an insolvent’s bond which stipulates that if the principal in the bond “fails in obtaining his discharge as an insolvent debtor, he shall surrender himself to the jail” the liability of the sureties on the bond is established, where it is shown that the principal did not deliver himself to the jail until more than three months after judgment had been entered against him on appeal, and until eighteen days after suit was instituted on the bond.</p> <p>The insolvent is bound to keep in motion the proceedings which lie instituted to effect his discharge. If he fails to do so, or to surrender himself to prison, the condition of his bond is forfeited.</p>