Central Trust & Savings Co. v. Henry Kraan Furniture Co.
Superior Court of Pennsylvania
Appeal, No. 198, Oct. T., 1916, by defendant, from judgment of O. P. No. 1, Philadelphia Co., June T., 1912, No. 4700, overruling demurrer in' case of Central Trust & Savings Co. v. Henry Kraan Furniture Co. Assumpsit on a bond of indemnity. Demurrer to statement. For the facts see 57 Pa. Superior Ct. 221, and the opinion of the Superior Court infra.
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Appeal, No. 198, Oct. T., 1916, by defendant, from judgment of O. P. No. 1, Philadelphia Co., June T., 1912, No. 4700, overruling demurrer in' case of Central Trust & Savings Co. v. Henry Kraan Furniture Co. Assumpsit on a bond of indemnity. Demurrer to statement. For the facts see 57 Pa. Superior Ct. 221, and the opinion of the Superior Court infra. After the case was remitted from the Superior Court on the first appeal various proceedings were had and Bregy, P. J., filed the following opinion: The statement of claim filed in this case was demurred, to. After argument this court overruled…
1Opinion of the Court
Opinion by
Kephart, J.,
To supply the deficiencies in the plaintiff’s statement as pointed out by this court: 57 Pa. Superior Ct. 221, an amended statement was filed. It exhibited the policies of insurance and averred that the premises uncompleted were not worth the amount of the second mortgages and that the mortgages insured depreciated in value by reason of such noncompletion, each in an amount equal to the cost of completing the work according to the contract. Keeping in mind that the bond here sued on was to indemnify the plaintiff against loss under the policies, the plaintiff was…
2Cases cited3 opinions
- German-American Title & Trust Co. v. Citizens' Trust & Surety Co.Supreme Court of Pennsylvania · 1899
- Plunkett v. HamnettSuperior Court of Pennsylvania · 1912
- Central Trust & Savings Co. v. Henry Kraan Furniture Co.Superior Court of Pennsylvania · 1914
3Cited by2 opinions
- Wells v. PhiladelphiaSupreme Court of Pennsylvania · 1921
- United Bonding Insurance Company v. SteinDistrict Court, E.D. Pennsylvania · 1967