115 Pa. 439 | Pa. | 1887
delivered the opinion of the court, February 28th, 1887.
In the language of its bonds, the “ Allentown School District acknowledges to owe and promises to pay to Levi B. Derr, the bearer, the sum of five hundred dollars in twenty-five years after date, with interest from the second day of January, 1874, at the rate of seven per centum per annum, payable
The school district, prompted perhaps by the thought that the rate of interest contracted for is considerably higher than has been ruling during the past few years, claimed it had the right, according to the terms of the bonds, to pay them at any time within the twenty-five years, and accordingly tendered defendant”in error the principal and accrued interest of the bonds, held by him and demanded their surrender. On the other hand, he claimed the principal was not due and payable until the expiration of that period, unless the holder elected to exercise the option, given him by the last sentence in the bonds, to demand payment at expiration of twelve years from their date. He therefore refused to accept the tender and surrender the bonds with the immatured coupons attached, and subsequently brought suit on the past due coupons. The defence was that interest was suspended by the tender; and. thus arose the only question in the case.
The learned president of the common pleas, adopting the construction contended for by plaintiff below, refused to charge as requested, that “under all the evidence the verdict should be for defendant,” and directed a verdict for amount of past due coupons and interest thereon in favor of plaintiff. In thus charging, we think he was clearly right, for reasons given in his opinion refusing new trial.
The bonds, on their face, purport to have been issued as security for a twenty-five years loan. The semi-annual interest for that entire period is provided for by the coupons attached to and forming part of each bond ; and there is nothing to indicate that the school district has any right to pay the principal before the expiration of the time named. The declaration at the close of each bond that it “ will be redeemed, if desired, twelve years after date,” is evidently intended for the benefit of the holder alone, giving him the option of demanding payment of the principal at expiration of twelve years. If he then desired payment, the school district was bound, on his demand, but not of its own motion, to redeem
It was undoubtedly the duty of the court to construe the bonds. There was no conflict of evidence ; and we are satisfied the learned judge was right, not only in refusing to charge as requested by defendant below, but also in directing the jury to find in favor of plaintiff for amount of the past due coupons and interest thereon. Neither of the specifications of error is sustained.
Judgment affirmed.