Walton v. American Surety Co.

Citations

• 264 Pa. 272
• 107 A. 725
• 1919 Pa. LEXIS 635

Syllabus

<p>Principal and surety — Bond—Duress—Affidavit of defense — Conclusion of law.</p> <p>1. In an action by an executor against a surety company on a bond signed by the company and an individual, where it appears that the obligation was to pay a debt of a third person to the plaintiff’s decedent, an affidavit of defense is insufficient, which avers that the bond was not given for value, and that neither of the obligors were indebted to plaintiff or his decedent, that the bond was given to prevent the issuing of a warrant against the debtor referred to in the bond, who was president of a company of which the individual obligee was a director, that such arrest would have resulted in great loss to such obligee, and that the bond was obtained by means of false statements and threats made by plaintiff’s counsel to the obligee, without any averments that such representations or threats were made to the defendant, the surety company, or that the debt referred to in the bond was not due, or that the debtor had been notified before the execution of the bond, or excuse given for not notifying him.</p> <p>2. An averment in the affidavit of defense that “there was no criminal liability” on the part of the debtor mentioned in the bond, is a mere conclusion of law.</p> <p>3. In such a case, where it appears from the affidavit of defense that the surety company knew of the alleged threats, before it executed the bond, it cannot set up the defense of duress.</p> <p>4. A defense of duress is open only to the party upon whom it is imposed; a third party, who has become a surety for the payment of the claim, cannot avail himself of the plea, unless he signed the obligation -without knowledge of the duress.</p>