Lehigh County v. Gossler
Superior Court of Pennsylvania
Appeal, No. 208, Oct. T., 1903, by defendant, from order of O. P. Lebigh Co., June T., 1903, No. 45, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Lehigh. County to use of City of Allentown v. John R. Gossler, Treasurer of Lehigh County. Assumpsit on a county treasurer’s bond. Rule for judgment for want of a sufficient affidavit of defense.
Read the full summary
Appeal, No. 208, Oct. T., 1903, by defendant, from order of O. P. Lebigh Co., June T., 1903, No. 45, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Lehigh. County to use of City of Allentown v. John R. Gossler, Treasurer of Lehigh County. Assumpsit on a county treasurer’s bond. Rule for judgment for want of a sufficient affidavit of defense. From the record it appeared that plaintiff claimed #542 unpaid balances for its proportion of retail liquor licenses for the years 1894, 1895 and 1896. The bond upon which suit was brought was as follows : “…
1Opinion of the Court
Opinion by
Smith, J.,
This action is brought by the county of Lehigh for the use of the city of Allentown against John R. Gossler, on a bond given by him as county treasurer, with ten sureties. The claim is for a portion of the money collected by the treasurer in 1894, 1895 and 1896, for retail liquor licenses in Allentown, under the act of June 9, 1891, which by law is payable to the city, but which has been retained by the treasurer as commissions for collection.
By the terms of the bond, the obligors “ bind ourselves, our heirs, executors, administrators, and each and every one of them.” It…
2Cases cited7 opinions
- Commonwealth ex rel. Snyder v. SnyderSuperior Court of Pennsylvania · 1896
- City of Pittsburg v. AndersonSupreme Court of Pennsylvania · 1899
- Schuylkill County v. MinogueSupreme Court of Pennsylvania · 1894
- Kittanning Borough v. MastSuperior Court of Pennsylvania · 1900
- Clarke v. County of PotterSupreme Court of Pennsylvania · 1845
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Com., for Use v. PerrySupreme Court of Pennsylvania · 1938
- Shively v. McDonnellSupreme Court of Pennsylvania · 1932
- Commonwealth v. SingerSuperior Court of Pennsylvania · 1906
- Schrock v. Buechley, Pennsylvania Court of Common Pleas, Somerset County1945
- Monroe County v. EilenbergerSupreme Court of Pennsylvania · 1907
1 more not listed; retrieve them via the Exa API.