City of Wilkes-Barre v. Rockafellow
Supreme Court of Pennsylvania
Appeal, No. 274, Jan. T., 1895, by defendants, from judgment of C. P. Luzerne Co., May T., 1898, No. 129, on verdict for plaintiff. Assumpsit on the bond of a city treasurer. Before Lynch; J. The facts appear by the charge of the court of common pleas, and the opinion of the Supreme Court.
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Appeal, No. 274, Jan. T., 1895, by defendants, from judgment of C. P. Luzerne Co., May T., 1898, No. 129, on verdict for plaintiff. Assumpsit on the bond of a city treasurer. Before Lynch; J. The facts appear by the charge of the court of common pleas, and the opinion of the Supreme Court. At the trial defendants offered to show by cross-examination of F. Dietrick, a witness for plaintiff, that he, as clerk of city council, kept the minutes ; that at the meeting of April 4,1892, while the council was considering the matter of the election of a treasurer, members of council when making…
1Opinion of the Court
Opinion by
Mb. Justice Williams,
This is an action upon an official bond. The principal obligor allowed judgment to go by default. The sureties made defense and raised on the trial some questions that, so far as we have been able to discover, have not been passed upon in the form in which they now appear. It seems that F. V. Rockafellow was elected treasurer of the city of Wilkes-Barre for twenty-one years consecutively. His last election took place in April, 1892, and he gave the bond now sued on soon after. During all this time he was a banker, in good financial standing, doing business in…
2Cases cited1 opinion
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