Commonwealth v. Fidelity & Deposit Co.
Supreme Court of Pennsylvania
Appeal, No. 123, Jan. T., 1908, by defendant, from judgment of C. P. Chester Co., Jan. T., 1907, No. 32, on verdict for plaintiff in case of Commonwealth to use of Benjamin W. Haines, trustee for Helen H. Holmes, under the will of Daniel B. Hinman, deceased, v. The Fidelity & Deposit Company of Maryland. Assumpsit on a bond of suretyship. Before Hemphill, P. J. The facts are stated in the opinion of the Supreme Court. The court refused binding instructions for defendant.
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Appeal, No. 123, Jan. T., 1908, by defendant, from judgment of C. P. Chester Co., Jan. T., 1907, No. 32, on verdict for plaintiff in case of Commonwealth to use of Benjamin W. Haines, trustee for Helen H. Holmes, under the will of Daniel B. Hinman, deceased, v. The Fidelity & Deposit Company of Maryland. Assumpsit on a bond of suretyship. Before Hemphill, P. J. The facts are stated in the opinion of the Supreme Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $14,279.89. Defendant appealed. Error assigned was in refusing binding instructions…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
In 1889 a trustee was appointed by the orphans’ court of Chester county to take charge of a fund bequeathed by will for the benefit of a cestui que trust for life with remainder to her children. On the same day the trustee presented his bond with two sureties which were approved by the court and filed of record. In 1900, the trust estate not having been settled, the duties of the trustee still continuing,, and one of the original *99sureties on the bond having died, there arose some doubt as to, the sufficiency of the bond to protect the trust estate, and steps were…
2Cases cited3 opinions
- Giltinan v. StrongSupreme Court of Pennsylvania · 1870
- Commonwealth v. GraceySupreme Court of Pennsylvania · 1880
- Commonwealth v. Cox's AdministratorSupreme Court of Pennsylvania · 1860
3Cited by29 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- Lake County v. Massachusetts Bonding & Insurance Co.Court of Appeals for the Fifth Circuit · 1935
- Pennsylvania Turnpike Commission v. United States Fidelity & Guaranty Co.Supreme Court of Pennsylvania · 1963
- Thommen v. Aldine Trust Co.Supreme Court of Pennsylvania · 1930
- McIntyre Square Associates v. EvansSuperior Court of Pennsylvania · 2003
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