Carpenter v. Hutchison
Supreme Court of Pennsylvania
Appeal, No. 4, Oct. 7, 1913, from judgment of O. P. Allegheny Co., April T., 1912, No. 263, for plaintiffs, on rule for judgment for want of a sufficient affidavit of defense in case of D. P. Carpenter v. Alvin E. Hutchison, H. J. McAvoy and Edward G. Steinert. Assumpsit to recover from sureties the amount of a bond given by a corporation to secure debt, interest and costs on appeal from award of arbitrators. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 4, Oct. 7, 1913, from judgment of O. P. Allegheny Co., April T., 1912, No. 263, for plaintiffs, on rule for judgment for want of a sufficient affidavit of defense in case of D. P. Carpenter v. Alvin E. Hutchison, H. J. McAvoy and Edward G. Steinert. Assumpsit to recover from sureties the amount of a bond given by a corporation to secure debt, interest and costs on appeal from award of arbitrators. Rule for judgment for want of a sufficient affidavit of defense. Before Brown, J. The opinion of the Supreme Court states the facts. The court made the rule absolute. Defendants…
1Opinion of the Court
Opinion by
Mr. Justice Mestbezat,
Carpenter, the plaintiff, sued the Fort Pitt Mining and Milling Company, a foreign corporation, to recover fl,500, the value of three thousand shares of stock and for back salary for running the company’s mine. He took a rule of reference under the compulsory arbitration Act of June 16,1836, P. L. 715, and the arbitrators made an award in his favor. The company appealed from the award and gave bond conditioned for the pay*262ment of “all the debt, interest and costs accrued or that may be legally recovered against” the mining company. On the trial of the cause in…
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