Lancaster Law Review Volume 6

Lancaster Law Review Volume 6

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: ...the meaning and purpose of the paper is simple and obvious, and we are not at liberty to add to, alter, or amend it, so as to change the rights and responsibilities of the parties under it. It is perfectly plain that Senseman did not bind himself in this bond not to re-marry, or fix the amount of the bond as a penalty in the event of his re-marriage. If he so agreed and gave any paper to Shaffer to that effect, as it is intimated in the testimony he did, it has not been exhibited in this case. On the contrary, it seems clear that a re-marriage was in contemplation, for the occurrence of that event is expressly referred to, and the effect of it upon the bond in suit provided for; the express provision of the bond is that its obligation shall cease and determine at the re-marriage of Senseman, if the event upon which the bond was payable did not.before that time occur. How such a bond could be supposed to operate in restraint of marriage, it is difficult to see; for without notice to Shaffer, and before his resignation or discharge, the decedent had it in his power, by re-marriage, to render the bond of no effect. It is highly improbable, perhaps, that a man might be so influenced, excepting under circumstances otherwise highly favoring tbe project, but it is sufficient for our present purpose that the existence of the bond was an inducement to rather than a restraint upon marriage. The contract does not assume either that Shaffer will certainly lose his situation, or that Senseman will contract a second marriage. The obligation of the bond is not absolute, it is conditional; it is contingent upon Shaffer's loss of the situation at Nazareth Hall in the lifetime of his wife, and before Senseman's re-marriage, and there is nothing in the bond more

Product details

  • Paperback | 298 pages
  • 189 x 246 x 16mm | 535g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236511689
  • 9781236511683