Wolfe v. McDevitt

Citations

• 65 Pa. Super. 543
• 1917 Pa. Super. LEXIS 39

Syllabus

<p>Insolvency — Bond of insolvent — Failure to file petition — Surrender on first day of term — Principal and surety.</p> <p>Where a person who has been committed to jail by virtue of a ca. sa. and has given a bond conditioned upon his presenting his petition for the benefit of the insolvent laws, has failed to present his petition, his bond is properly forfeited; and the fact that he voluntarily surrendered himself on the first day of the term will not relieve his bondsman.</p> <p>'Where the condition of an insolvent’s bond is that the debtor on the failure to obtain his discharge shall surrender himself to the jail at the proper county, a surrender to the sheriff, not followed by imprisonment, is not in compliance with the condition of the bond.</p> <p>An insolvent is not' excused from attending a hearing on his petition to be discharged under the insolvency laws because of the death of an uncle, where it does not appear that his presence at court was rendered impossible by the death of his uncle. If his bond is forfeited for failure to appear, his bondsman cannot complain.</p> <p>The continuance of a hearing on a petition for an insolvent’s discharge to a later date, without the knowledge and consent of the bondsman, is not a ground to relieve the bondsman of his liability on the bond.</p> <p>Where a person has been committed to jail by virtue of ca. ,sa. issued on a judgment recovered against him on a suit for breach of promise'to marry, and has given bond to take the benefit of the insolvent laws in accordance with the Act of June 16, 1836, P. L. 729, he cannot thereafter claim that the proceedings should have been instituted under the Act of June 4, 1901, P. L. 404. The insolvent in such a case does not come within the classes exempted from the operation of the Federal Bankruptcy Law.</p>