Brown v. Title Guaranty & Surety Co.
Supreme Court of Pennsylvania
Appeal, No. 52, Jan. T., 1911, by Title Guaranty & Surety Co., from judgment of C. P. Bradford Co., Sept. T., 1908, No. 46, on verdict for plaintiff in case of John H. Brown v. Title Guaranty & Surety Co., and the Pittsburg, Binghamton & Eastern Railroad Company. Assumpsit against principal and surety on a condemnation bond. Before Fanning, P. J. The opinion of the Supreme Court states the case.
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Appeal, No. 52, Jan. T., 1911, by Title Guaranty & Surety Co., from judgment of C. P. Bradford Co., Sept. T., 1908, No. 46, on verdict for plaintiff in case of John H. Brown v. Title Guaranty & Surety Co., and the Pittsburg, Binghamton & Eastern Railroad Company. Assumpsit against principal and surety on a condemnation bond. Before Fanning, P. J. The opinion of the Supreme Court states the case. Judgment against the Pittsburg, Binghamton & Eastern Railroad Company for want of an appearance. Verdict and judgment for the plaintiff for $2,226 against the Title Guaranty & Surety Company by…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The route of the Pittsburg, Binghamton & Eastern Railroad Company, as surveyed and laid out, ran through lands of the appellee. He accepted its bond, with the appellant as its surety, to secure the payment of the damages to which he might be entitled. The condition of the obligation was as follows: “If the said Pittsburg, Binghamton & Eastern Railroad Company shall pay or cause to be paid unto the said John H. Brown such amount of damages as the said John H. Brown shall be entitled to receive, in consequence of the location and construction of said railroad after…
2Cases cited9 opinions
- Young v. American Bonding Co.Supreme Court of Pennsylvania · 1910
- Pittsburgh, Ft. Wayne & Chicago Ry. v. PeetSupreme Court of Pennsylvania · 1893
- Philadelphia v. Fidelity & Deposit Co.Supreme Court of Pennsylvania · 1911
- Pa. Schuylkill Val. R. R. v. Reading Paper MillsSupreme Court of Pennsylvania · 1892
- Dilts v. Plumville RailroadSupreme Court of Pennsylvania · 1909
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3Cited by23 opinions
- Thompson v. JanesTexas Supreme Court · 1952
- United States Fidelity & Guaranty Co. v. PoetkerIndiana Supreme Court · 1913
- Trustees of Methodist Episcopal Church of Franklin v. Equitable Surety Co.Supreme Court of Pennsylvania · 1921
- South Phila. State Bank v. National Surety Co.Supreme Court of Pennsylvania · 1926
- Garden State Tanning, Inc. v. Mitchell Mfg. Group, Inc.Court of Appeals for the Third Circuit · 2001
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