Lowry v. Clark

Citations

• 20 Pa. Super. 357
• 1902 Pa. Super. LEXIS 237

Syllabus

<p>Replevin— Claim property bond — Release of surety — Attorney at law.</p> <p>An attorney at law has no authority to release a surety in a claim property bond, so as to bind his client.</p> <p>Where the sheriff notifies a surety in a claim property bond that by consent of counsel for the plaintiff in the replevin he is released from liability, and another person is substituted in his place, the sheriff is not estopped from maintaining an action on the bond, because (1) the notice on its face shows want of authority, and (2) the sheriff is a mere stakeholder. In such a case the equitable plaintiff is not estopped from maintaining the suit because he had knowledge of the so-called substitution of sureties before the trial of the action of replevin, if it appears that the surety in no way suffered from the plaintiff’s silence.</p>