Cosgrove v. Cummings
Cosgrove v. Cummings
Opinion of the Court
This is an appeal from the refusal of the court below to open a judgment entered on a bond under seal. A seal imports a consideration and creates a legal obligation: Candor & Henderson’s Appeal, 27 Pa. 120. In an action upon a bond or note under seal want of consideration is no defense: Sherk v. Endress, 3 W. & S. 255; Yard v. Patton, 13 Pa. 278 ; Anderson v. Best, 176 Pa. 498.
In the suit of Cosgrove v. Cummings the defendant offered to ex^ute and deliver to the plaintiff a bond to indemnify or secure him for any judgment that might be obtained in said suit against the defendant if the plaintiff would execute and deliver to the defendant a bond to indemnify or secure him for
Judgment affirmed.
Reference
- Cited By
- 12 cases
- Status
- Published
- Syllabus
- Seal—Consideration—Bond. A seal imports a consideration and creates a legal obligation ; in an action upon a bond or note under seal, want of consideration is no defense. In a pending suit defendant offered to execute and deliver to plaintiff a bond to indemnify or secure him for any judgment that might be obtained in the suit against the defendant, if the plaintiff would execute and deliver to defendant a bond to indemnify or secure him for any judgment that might be obtained in said suit against the plaintiff. The offer was accepted, and the bonds were executed and delivered. The case resulted inajudgment against the defendant. Subsequently judgment was entered on the bond against the defendant and his sureties. On arule to open the judgment the evidence taken failed to establish fraud or mistake in the execution and delivery of the bond, or in any transaction connected with it. Held, that the court below committed no error in refusing to open the judgment.