Neel v. Commonwealth ex rel. Neel

7 A. 74, 4 Sadler 95

Opinion

Per Curiam:

The decree of the orphans’ court definitely fixed the liability of William Oliver and his sureties, to the plaintiffs in this case, in the sum of $2,913.79. From this they could only be relieved by payment, or some binding agreement Avith the subsequent guardian which would be equivalent to payment. Admittedly payment was never made; and we agree Avith the court below, that no such arrangement was made with George Oliver, the son and administrator of William Oliver, as would relieve either the estate or surety of the latter. He agreed to let George keep and use the money until the youngest ward came of age, on paying 8 per cent interest. But this contract was without consideration ; lawful interest followed as of course, and the extra 2 per cent which was usurious would apply when paid on the principal debt. There was, therefore, no time when the surety could not have compelled a collection of the claim; hence, if he was injured by the delay, it arose from his own neglect.

The judgment is affirmed.