Crawford v. Evans

Citations

• 158 Pa. 390
• 27 A. 1105
• 1893 Pa. LEXIS 1597

Syllabus

<p>Landlord and tenant — Bond of indemnity to secure property.</p> <p>Defendant executed a penal bond to the “ heirs of PI. D. Crawford.” The condition of the bond was “ that whereas the said heirs have issued a landlord’s warrant against their tenant James M. Bell, to collect rent due from him, said J. M. Bell, and whereas, said heirs propose to give said James M. Bell indulgence until the 1st day of September, 1892, now if said James Bell and his wife shall retain and keep all their property in their house, and shall remove none of said property from their present house before said 1st of September, 1892, so that all the property belonging to said James M. Bell and wife, or either of them, shall remain on said premises on said 1st of September, 1892, without fraud or further delay, then this obligation to be void and of none effect, otherwise to be and remain in full force and virtue.” The goods remained upon tire demised premises until after the expiration of the time named in the bond, but the tenants barred the house, and prevented the landlord from levying for Ms rent. Held, that defendant was not liable on the bond. In such case the bond imposed no duty upon defendant to so control the action of the tenants that they would not prevent access to or seizure of the goods for rent.</p>