1 Watts 437 | Pa. | 1833
The opinion of the Court was delivered by
The condition alleged to have been broken, is the
It is a cardinal principle that contracts are to be expounded as the parties themselves expounded them ; and the meaning of the parties is presumed to be the meaning assigned to the same sort of contracts by the rest of the world. Where a particular interpretation has been universal, it ought to govern, though it be irreconcilable to the legal effect of the letter ; as in the case of a policy of insurance or a mortgage. What then is the effect universally ascribed to this condition by the profession and the people ? No surety in an administration bond ever agreed to contract an absolute instead of a’contingent liability, or supposed that he subjected himself to immediate recourse as a principal debtor. That this assertion is borne out by the popular and professional understanding, will not be disputed by those who are familiar with the business of the register’s office; indeed its truth is proved by the very fact,' that in no instance but the present has there been an attempt to recover on proof of any thing less than a devastavit. And this understanding was the understanding of the legislature, who evidently designed to do no more than enlarge the field of personal recourse, by adding the responsibility of a surety to the existing responsibility of the administrator; without changing the quality or condition of it at the common law, which turns the contin
Judgment affirmed.