Watterson v. Fuellhart

Citations

• 169 Pa. 612
• 32 A. 597
• 1895 Pa. LEXIS 1138

Syllabus

<p>Replevin — Claim property bond — Sufficiency of bond.</p> <p>Although a claim property bond fails to provide that the principal “ shall abide the judgment of the court in all things relating to the premises,” the bond is good if it stipulates that the principal shall be and appear at the next term of court, then and there to make good his claim to the property. Such a bond is an undertaking by the sureties that the principal shall be successful in his defense to the suit, and it not, the sureties will on his default pay the judgment against him.</p> <p>In an action upon such a bond, a witness is competent to testify as to the solvency of the surety at the time the bond was given, if he had a thorough knowledge of his affairs, although not able to give a list of his debts, or a list and valuation of his properties.</p> <p>Testimony to prove that the surety was reputed solvent at the time the bond was given is admissible, not to prove solvency, but to negative any assertion oí negligence on the part of the sheriff, in accepting sureties reputed insolvent.</p> <p>The several undertakings stipulated by a replevin bond constitute distinct and independent conditions, and a breach of any will constitute a forfeiture.</p> <p>In taking a claim property bond, it is not enough that the sheriff should accept a surety or sureties deemed by him fairly sufficient at the time. It is his duty to regard the fact that the final determination of the replevin suit may be delayed for months or possibly years, during which delaj», by the accidents of business or fortune, the obligors thus deemed by him fairly sufficient when accepted, may become utterly worthless. He must have belief, in good faith and upon reasonable ground, that the surety was not only able at the time to pay the amount of the bond, but had such a credit as to be likely to remain good to the determination of the proceedings; but the sheriff will not be held to insure the plaintiff against loss from a contingency whic