Mutual Loan & Savings Ass'n v. National Surety Co.
Supreme Court of Pennsylvania
Appeal, No. 15, Jan. T., 1917, by defendant, from judgment of C. P. Franklin Co., Sept. T., 1913, No. 110, on verdict for plaintiff, in case of The Mutual Loan and Savings Association of Chambersburg v. National Surety Company. Assumpsit on a surety bond. Before Gillan, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for f5,988.30 and judgment thereon. Defendant appealed.
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Appeal, No. 15, Jan. T., 1917, by defendant, from judgment of C. P. Franklin Co., Sept. T., 1913, No. 110, on verdict for plaintiff, in case of The Mutual Loan and Savings Association of Chambersburg v. National Surety Company. Assumpsit on a surety bond. Before Gillan, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for f5,988.30 and judgment thereon. Defendant appealed. Errors assigned were instructions to the jury, answers to points, and in refusing to direct a verdict for defendant. — The false statements in the application avoided the contract: Tarentum…
1Opinion of the Court
Opinion by
Me. Justice Moschziskee,
In February, 1912, the defendant company executed and delivered to The Mutual Loan and Savings Association of Chambersburg a fidelity bond in the sum of $5,000, indemnifying the latter for ofie year against pecuniary loss by reason of any misappropriation of funds which might be committed by its treasurer, Isaac Stine. This obligation was renewed and in force on March 3, 1913, on which date Stine died, a defaulter, owing over $8,000 to the association. Shortly thereafter, William S. Hoerner, the plaintiff’s attorney, notified the defendant of the shortage in…
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- Judge v. West Philadelphia Title & Trust Co.Superior Court of Pennsylvania · 1917