Fidelity & Deposit Co. v. Phillips
Supreme Court of Pennsylvania
Appeal No. 203, Jan. T., 1911, by defendant from decree of C. P. Chester Co., No. 512, in equity, in case of Fidelity & Deposit Company of Maryland v. Lewis Phillips and Sarah C. Massey and Joseph W. Hawley, Executors of Isaac Massey, deceased. Bill in equity for contribution.
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Appeal No. 203, Jan. T., 1911, by defendant from decree of C. P. Chester Co., No. 512, in equity, in case of Fidelity & Deposit Company of Maryland v. Lewis Phillips and Sarah C. Massey and Joseph W. Hawley, Executors of Isaac Massey, deceased. Bill in equity for contribution. Hemphill, P. J., found the facts to be as follows: This is a bill to compel pro rata contribution by the defendants, who, the plaintiff alleges, were co-sureties with it for a defaulting trustee and whose default has been paid in full by it alone, under the following facts and circumstances. On August 12, 1889, John A.…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
In Com. v. Fidelity & Deposit Co., 224 Pa. 95, the judgment entered by the court below against the bonding company, appellant there and appellee here, was affirmed. The result of that judgment was to charge the bonding company with the entire default of the trustee, amounting at that time to $14,279.89. The appellee bonding company then brought this suit for contribution against the sureties on a former bond given by the same trustee to insure the faithful discharge of his duties and to secure a proper accounting of the trust funds. Unless the sureties on the…
2Cases cited8 opinions
- Commonwealth v. Fidelity & Deposit Co.Supreme Court of Pennsylvania · 1909
- Asa Bell's Administrator v. JasperSupreme Court of North Carolina · 1843
- Swanzey v. ParkerSupreme Court of Pennsylvania · 1865
- Schock v. MillerSupreme Court of Pennsylvania · 1849
- Holt v. BodeySupreme Court of Pennsylvania · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- United States Fidelity & Guaranty Co. v. NaylorCourt of Appeals for the Eighth Circuit · 1916
- Bookhart v. YoungloveSupreme Court of Iowa · 1928
- New Amsterdam Casualty Co. v. BookhartSupreme Court of Iowa · 1931
- Leach v. Commercial Savings Bank of Des MoinesSupreme Court of Iowa · 1927
- Gray v. American Surety Co.Indiana Court of Appeals · 1931
2 more not listed; retrieve them via the Exa API.