Hamilton v. Lockhart

Citations

• 158 Pa. 452
• 27 A. 1077
• 1893 Pa. LEXIS 1612

Syllabus

<p>Bond — Consideration—Duress—Affidavit of defence.</p> <p>A married,man, having entered into articles of separation with his wife, gave a bond wherein he covenanted to pay a certain amount each month for her support. The obligor’s mother joined in the bond at the same time, and some months afterwards gave a written recognition of her liability on the bond. In a suit upon the bond, defendants filed an affidavit of defence in which they averred that they were induced to sign the bond by the threat of the arrest of the husband for adultery, and that the mother had signed the ratification of the bond by reason of similar threats. There was no averment that there was an agreement or promise by the obligee not to prosecute her husband, nor was there any averment that the obligors would not have signed the bond without such promise. * The affidavit did not deny that the wife was entitled to a separation, or that her husband was bound to provide for her maintenance, or that the sum named in the bond was excessive. Held, that the affidavit of defence was insufficient to prevent judgment.</p>