Whitaker v. Richards

Citations

• 134 Pa. 191
• 19 A. 501
• 1890 Pa. LEXIS 687

Syllabus

<p>[To be reported.]</p> <p>1. One who executes a bond, as surety, may protect himself from liability thereon by an express stipulation that the delivery by himself shall be in escrow, only, until certain others shall have executed it: Fertig v. Bucher, 3 Pa. 308; Warfel v. Frantz, 76 Pa. 88; Keener v. Crago, 81* Pa. 166.</p> <p>2. But, in the absence of such a stipulation, the bond, although it was prepared for the signatures of other persons, who are named therein as sureties but do not execute it, will bind all those who do execute and deliver it: Sharp v. United States, 4 W. 21, distinguished.</p> <p>3. Where a bond, which has been prepared with the members of a partnership named in it as sureties, is signed and delivered by one partner, with the expectation, but not with the condition that the other partner will execute it, the partner so signing and delivering will be liable thereon.</p>