Irwin v. Hudson

Citations

• 24 Pa. Super. 72
• 1903 Pa. Super. LEXIS 303

Syllabus

<p>Principal and surety — Bond—Insolvent laws — Discharge.</p> <p>Where the defendant in a capias files a bond conditioned upon presenting his petition for the benefit of the insolvent laws, and his surrender to the jail if he failed in obtaining his discharge as an insolvent, and he does not surrender himself after he had failed of discharge, the sureties in the bond are not relieved because attorney for plaintiff while the insolvency proceedings were pending, said to the defendant that in his opinion the bond had already been forfeited and there was no use for the defendant to go to jail if he failed in his discharge. Such a statement of plaintiff’s attorney did not amount to an agreement to release the defendant from his obligation to surrender himself.</p>