Commonwealth v. American Bonding & Trust Co.
Superior Court of Pennsylvania
Appeal, No. 5, Feb. T., 1901, by plaintiff, from order of C. P. Lycoming Co., March T., 1900, No. 489, discharging rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Leila D. Cowles, V. The American Bonding and Trust Company of Baltimore City. Assumpsit on a bond of a guardian. From the record it appeared that the bond on its face was a general guardianship bond.
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Appeal, No. 5, Feb. T., 1901, by plaintiff, from order of C. P. Lycoming Co., March T., 1900, No. 489, discharging rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Leila D. Cowles, V. The American Bonding and Trust Company of Baltimore City. Assumpsit on a bond of a guardian. From the record it appeared that the bond on its face was a general guardianship bond. The suit was brought to recover money which was the proceeds of the sale of real estate sold by the guardian under an order of court, and misappropriated by him. The surety filed an…
1Opinion of the Court
Opinion by
Beaver, J.,
We can see no difference, so far as the general liability of the defendant is concerned, between this case and those of Blauser v. Diehl, 90 Pa. 350, and Com. to use v. Pray, 125 Pa. 542. The bond upon which the defendant is surety is a general guardianship bond. There is no specific denial in the affidavit of defense of its having been given, as alleged in plaintiff’s statement, as a special bond, as required by law, in the sale of real estate by a guardian. The defendant, however, files with his affidavit a copy of the application which the guardian made for it to…
2Cases cited3 opinions
- Blauser v. DiehlSupreme Court of Pennsylvania · 1879
- Commonwealth v. PraySupreme Court of Pennsylvania · 1889
- Rhawn v. CommonwealthSupreme Court of Pennsylvania · 1883
3Cited by3 opinions
- Commonwealth v. NestlerSupreme Court of Pennsylvania · 1933
- Commonwealth v. American Bonding Co.Superior Court of Pennsylvania · 1904
- Commonwealth v. PerregoSuperior Court of Pennsylvania · 1909