Keating v. Peddrick

Citations

• 240 Pa. 590
• 88 A. 11
• 1913 Pa. LEXIS 720

Syllabus

<p>Penal bonds — Assumpsit on penal bonds — Judgment for amount of the penalty — Assessment of damages.</p> <p>1. Where a penal bond is given conditioned for the payment of an annuity to the obligee, the obligee may bring an action fcarrears of the annuity, on the covenant in the bond, using the bond simply as evidence of the covenant, or he may bring his action directly upon the bond itself.</p> <p>2. When the action is on the bond, there can be but one judgment, and that must be for the amount of the penalty, with an assessment of damages for the breaches assigned, and if subsequent breaches occur, the remedy is by scire facias upon that judgment.</p> <p>3. Where a penal bond is given, conditioned for the payment of an annuity to the obligee, and the payments fall into arrears, and an action of assumpsit is brought upon the bond to recover the amount of the penalty and arrearages, the court has no power to enter judgment for want of a sufficient affidavit of defense and assess damages in the amount of the penalty, plus the amount of the arrearage's. In Such a case judgment should be entered for the amount of the penalty* with'an assessment' of damages for the amount of the admitted breaches. The judgment thus entered will stand as well for any subsequent breaches that may occur, until it shall be exhausted.</p>