Morrison v. American Surety Co.

Citations

• 224 Pa. 41
• 73 A. 10
• 1909 Pa. LEXIS 724

Syllabus

<p>Bonds — Joint and several obligation — Severance—Presumption—Principal and surety — Contract.</p> <p>1. The presumption of the law is that when two or more persons enter into a contract or an obligation without adding language disclosing a different intention, the undertaking is a joint and not a several one. The presumption, however, may be rebutted, and is rebutted when the obligation contains words of severance, showing that it was the intention of the parties that it should be several as well as joint.</p> <p>2. An obligation in writing reciting that one person as principal, and another as surety are held and firmly bound to a third person in a sum stated “for the payment whereof said principal binds himself,' his heirs, executors, administrators and assigns, and the said surety binds himself and his successors firmly by these presents,” is a joint and several obligation.</p>