Commonwealth v. Pray
Supreme Court of Pennsylvania
ERROR TO THE COURT OR COMMON PLEAS NO. 3 OR PHILADELPHIA COUNTY. No. 201 January Term 1889, Sup. Ct. 5 court below, No. 128 December Term 1887, C. P. No. 3. A case stated between the Commonwealth, to use of Robert S. Boyer, as plaintiff, and Charles H. Pray, as defendant, showed that the suit was brought on a guardian bond given by George W. Boyer, as principal, and the defendant Charles H. Pray, as surety, upon the appointment of said George W. Boyer as guardian of the use…
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ERROR TO THE COURT OR COMMON PLEAS NO. 3 OR PHILADELPHIA COUNTY. No. 201 January Term 1889, Sup. Ct. 5 court below, No. 128 December Term 1887, C. P. No. 3. A case stated between the Commonwealth, to use of Robert S. Boyer, as plaintiff, and Charles H. Pray, as defendant, showed that the suit was brought on a guardian bond given by George W. Boyer, as principal, and the defendant Charles H. Pray, as surety, upon the appointment of said George W. Boyer as guardian of the use plaintiff, by the Orphans’ Court of Philadelphia. The bond was in the usual form. The case stated proceeded: In the…
1Per curiam
This case is clearly ruled by Blauser v. Diehl, 90 Pa. 350, and for reasons there given the judgment should be affirmed.
The defendant is surety on the general bond of the guardian. The only fund that came into the guardian’s hands and as to which he is in default, was from the sale of his ward’s real estate, made under an order of the Orphans’ Court. When that order of sale was made the guardian gave a special bond, with another person as surety, conditioned for faithful application of the proceeds sale. The defendant was asked to become surety on that bond, but he refused to do so. This suit…
2Cases cited1 opinion
- Blauser v. DiehlSupreme Court of Pennsylvania · 1879
3Cited by3 opinions
- Commonwealth v. NestlerSupreme Court of Pennsylvania · 1933
- Commonwealth v. American Bonding & Trust Co.Superior Court of Pennsylvania · 1901
- Maryland Casualty Co. v. TressellWest Virginia Supreme Court · 1938